Dvorkin o integritetu i komunalnoj demokratiji
Dworkin on Integrity and Communal Democracy
Author(s): Michal SládečekSubject(s): Law, Constitution, Jurisprudence
Published by: Nova srpska politička misao
Keywords: integrity; democracy; communal democracy; law; community;
Summary/Abstract: The aim of this article is a study of mutual connection between law as integrity and communal understanding of the democracy in Dworkin’s theory. According to this theory, law as integrity allows the best interpretation of the political and legal practice of a particular political community. Certain importance of communal democracy lays in the law, conceived as the integrity and connected to it constitutionally defined order. The specific veight in a recent debates about constitutionally restricted democracies and potential deficiencies, has Dworkin’s theory of communal democracy, vhich ideal is non-competitive partnership based on equal concern and respect of the each member of political community. In the tension between constitutional restrictions of the democratic decision-making and the civil participation in self-government, Dworkin highlights the first issue as a more important. Nevertheless, judicial reviev can not be done only by the experts; it has to integrate public deliberation about the basic principles of justice as well.
Journal: Nova srpska politička misao
- Issue Year: 10/2003
- Issue No: 01+04
- Page Range: 231-247
- Page Count: 16
- Language: Serbian
- Content File-PDF