RIGHTS AS TRUMPS, JUDICIAL ACTIVISM AND HUMAN DIGNITY IN LIGHT OF DWORKIN'S POLITICAL PHILOSOPHY

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Authors: Luciano Jesus Hage Martins
Cited by: 0

Abstract

This research aims to understand, through Dworkin's political theory of rights as trumps, the concepts of human dignity and judicial activism. According to the theory under study, rights as trumps seek to protect individuals from unjust public policies of the government, which can harm the equal distribution of rights. In this context, the study explores the concept of rights as trumps in order to understand human dignity and the counter-majoritarian role of the judiciary, and how these concepts help in the protection of fundamental rights and the distribution of rights based on equal consideration. Regarding the methodology used in this article, discourse analysis will be employed, as the objective is to understand the discourse used in the concept of rights as trumps. Thus, at the end of the work, the results obtained during the research on the analyzed topic will be presented.

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Brazilian Legal Issues Legal Rights and Human Rights

Publication details

Journal / source
Seven Editora eBooks
Publication date
3 February 2026
Document type
Book chapter