Abstract

Ronald Dworkin is an author who has been relied upon by many European lawyers and thinkers alike lately. However, some critics have called his theory 'parochial', suggesting that it could not be applied outside the United States (and perhaps Great-Britain). We take up the challenge here of addressing that problem, and deploy Robert Alexy's theory on the principle of proportionality as a benchmark for assessing to which extent Dworkin can accommodate the principle, as it has been described by Alexy. We conclude that he would not be able to accommodate it, primarily because his and Alexy's theory start from different premises.

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