Paper's abstract

Jean-Fabien Spitz, The Dworkinian Conception of Democracy and its Critics
Ronald Dworkin's fundationalism defines democracy less by the nature of its decision processes than by their ability to treat all citizens with equal respect and attention. This definition leads him to conceive the role of the American Supreme Court as an exercise of judicial reason consisting in isolating the best acceptance of abstract principles that, in the constitution, define this principle of equality of respect. Contrary to Dworkin's critics who tried to rehabilitate a procedural definition of democracy and to point out the drawbacks of a fundationalist approach for the well-being of the self-government mechanisms.

Key Words : fundationalism, Dworkin, democracy
t. 45, 2001 : p. 285-302

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