Judicialization of politics in Dworkin

Abstract

This article has been written during the activities in PhD. Program of the Universidade Federal de Santa Catarina, 2002, under Prof. Doutor José Alcebíades de Oliveira Júnior supervision. “Law Empire” was the nuclear point of this research, because Ronald Dworkin has been considered one of the most important law writters of XXth century and also because this north-american author looks at modern judicial activitie trying to discover its real nature. In nowadays grows up the importance of the studies about judicial activities because many of the political issues has been transfered to the law scene. Which are the real arguments to declare the legality and constitucionality of this judgments about the main issues in one Nation? Who has the last word about several matters which are considered moral issues? Dworkin’s arguments about the judicial activities in United States can be considered also in Brazil, where the judges are’nt elected, because the main thing in this kind of discussion is which way garantee the principles of democracy. Dworkin thinks that it’s possible to keep the freedom in a legal sistem which the judges have the last word since they consider the Moral principles and the respect for the individuality.