DWORKIN ON  ORIGINALISM IN THE INTERPRETATION OF THE CONSTITUTION Cover Image

ДВОРКИН И ОРИГИНАЛИЗАМ У ИНТЕРПРЕТАЦИЈИ УСТАВА
DWORKIN ON ORIGINALISM IN THE INTERPRETATION OF THE CONSTITUTION

Author(s): Igor Milinković
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, International Law, Philosophy of Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: constitution; interpretation; Dworkin; originalism;

Summary/Abstract: Ronald Dworkin is one of the most influential legal theorists and philosophers, whose thought marked the second half of the 20th and the beginning of the 21st century. One of the topics that Dworkin dealt with intensively during his career was the problem of interpreting the constitution. After the importance of the constitution, as a fundamental legal act, and the special responsibility of the interpreter of the constitutional provisions arising from such importance, Dworkin's teaching on the interpretation of the constitution will be subjected to analysis. Although Dworkin was known as one of the most prominent critics of originalism (as a special model of constitutional interpretation), his criticism of Scalia's version of originalist teaching will lead certain authors to include him among the representatives of originalism. After the paper presents the genesis of Dworkin's views on the interpretation of the constitution, the differences between his views and originalism will be pointed out.

  • Issue Year: 2018
  • Issue No: 40
  • Page Range: 57-74
  • Page Count: 18
  • Language: Serbian
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