PLBA - 2000 - 0LB

Part C - Critique

Living Tree Doctrine and the Constitution

Critique 2

The purpose of this study is to examine how the living tree doctrine has been used in Canada

and to examine how it has affected Canadian constitutional history. Living tree doctrine was

introduced in the introduction by the person doing the research. This concept was passed

down from the United Kingdom to Canada. According to the person who conducted this

research, the Constitution Act of 1987 is the law that governs the legal doctrine in Canada. In

the next section of the study, the researcher explained how the living tree doctrine must be a

balance between predictability and flexibility to be effective. In addition to the analysis,

He/She discussed cases that were relevant to the research. A plan was developed where each

member would discuss a different subtopic mentioned in the question form. There was,

however, a lack of adherence to the format of the assignment.

Additionally, the assignment was supposed to begin with an analysis and a hypothesis. There

was an analysis of the topic, but the hypothesis was not introduced until later. The hypothesis

was introduced in the research plan, and the question presented for the group's research

question was the exact one presented in the research plan. Further, He/She should have

received more information about the work He/She did. Most of the researcher's work came

from online sources. In every paragraph, it is evident that the author has gathered more

information from websites than from his/her own research. It was also noted that no citations

were provided for the cases that were provided.

Despite being well written, there are still a few things that could have been improved. It may

be appropriate to use footnotes that detail where a particular piece of information came from;

conduct additional research; provide case law; and organize the distribution of the work.