The Use of Principles for Judicial Interpretations: a Dialogue of Ideas from Alexy, Sunstein and Dworkin

Abstract

This paper analyzes the role of legal principles in the decision making process of courts and judges. It discusses ideas relatively to three authors as follows: Robert Alexy, Cass Sunstein and Ronald Dworkin – all then being fit to the proposed themes. From this, every theory is reviewed in terms of comparison finding similarities and differences between them. Finally, it contextualizes the reality in which we live in order to assert the importance of a dialogue that takes into consideration how to apply the law to individual cases in accordance to the three reflections.