FREEDOMS LAW - THE MORAL READING OF THE AMERICAN CONSTITUTION - DWORKIN,R

Authors
Citation
A. Lovitt, FREEDOMS LAW - THE MORAL READING OF THE AMERICAN CONSTITUTION - DWORKIN,R, Stanford law review, 50(2), 1998, pp. 565-603
Citations number
39
Categorie Soggetti
Law
Journal title
ISSN journal
00389765
Volume
50
Issue
2
Year of publication
1998
Pages
565 - 603
Database
ISI
SICI code
0038-9765(1998)50:2<565:FL-TMR>2.0.ZU;2-F
Abstract
Ronald Dworkin's Freedom's Law proposes a novel and controversial meth od of interpreting the Constitution called ''the moral reading.'' Acco rding to the moral reading, judges decide constitutional cases arising under the abstract provisions of the Constitution and Bill of Rights by deciding the appropriate scope of the moral principles of liberty a nd equality that those provisions embody and by making ''fresh moral j udgments'' in order to apply those principles in concrete cases. In Fr eedom's Law, Professor Dworkin alo attempts to defend the moral readin g against the frequent charge that it is undemocratic because it deleg ates too much control over social and moral policy to an unelected and politically unaccountable elite corps of federal judges. In this book review, Ara Lovitt argues that Dworkin's defense of the moral reading will be unpersuasive to those readers whose views of constitutional i nterpretation are informed by the justifications for judicial review i n a democratic society.