Law as integrity: a Doworkin’s reply to the judicial activism

Abstract

The problem of judicial activism, related to the insufficiency of traditional legal hermeneutics and the mistrust of the Law, intensifies among us due, on the one hand, to the deficit of rights that affects a large part of our population and, on the other hand , the solipsist and voluntarist stance of part of our courts. To face this problem, it is proposed to present Dworkin's theoretical proposal of law as integrity, with his idea of moral responsibility and community of principles. Based on them, it is possible to face the problem of judicial discretion, both against passivism and against activism without democratic support from the national courts.