English Language · English
What is the inherent, logical risk of Dworkin's interpretivist approach to jurisprudence?
- 1It forces judges to become completely subservient to the legislature, effectively destroying the constitutional separation of powers.
- 2It creates a legally fragmented system where the fundamental 'rule of recognition' changes on a daily basis depending on the presiding judge.
- 3It strictly separates law from morality, thereby removing any ethical constraints from the legislative branch of government.
- 4It empowers unelected judges to potentially override democratically enacted statutes by relying on their own subjective moral interpretations.✓
Correct answer
It empowers unelected judges to potentially override democratically enacted statutes by relying on their own subjective moral interpretations.
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