Ronald Dworkin from the Roman-Germanic tradition

The phrase "rule of the judges" has become common as a criticism that refers to constitutional judge's decisions, which seem to contradict the will of the legislators. The constitutional order must then be attentive that the constitutional interpreters do not exercise an overly participative role in the political decisions of each country. Therefore, the interpreting activity should evolve around values that are established in the Constitution and not around what individual judges understand as objective morality. For this reason, it is necessary to promote that constitutional judges are inspired by principles and directions that guide the applications of their decisions. Ronald Dworkin's work explores this normative criteria that can reduce judicial discretion and this article analyzes how to apply his ideas to this subject in the Roman-Germanic tradition of law.