In his work A Common Law Theory of Judicial Review: The Living Tree, Wil Waluchow presents an alternative conception for charters of law and for judicial review in the context of constitutional review. The author aims to demonstrate the advantages and democratic legitimacy of adopting written constitutional letters and judges as capable agents to find what he calls the community s constitutional morality. For this, Waluchow proposes the concept that the charters merge fixed and flexible points, in order to be able to provide the necessary legal certainty on certain rights to individuals while promoting certain flexibility on how and in which cases rights should be recognized and weighted. Waluchow s analysis turns to rights that, as a rule, are prescribed in open language that demands the measurement of their incidence, through informed official choice in the face of concrete cases. This feature is due to the relevant influence of morals on the aforementioned rights, as their interpretation changes and evolves while the same occurs in social morality. To build his foundation, Waluchow proposes to present and answer the objections that, according to him, have greater argumentative force, with its greatest exponent being Jeremy Waldron. In this sense, the present work turns to present the model proposed by Waluchow to be adopted in constitutional democracies and then exposes the analysis of other authors about his work. From this, the practical feasibility of its proposal is critically evaluated, the points to be maintained, and those that must be reformed or better substantiated by the author in his contribution to the legal debate to interpret the constitutional rule.