Criticizing Herbert Hart’s positivist theory of hard cases, Ronald Dworkin also turned to an analysis of hard constitutional issues. Starting his criticism by the chapter «Constitutional cases» in his fundamental paper «Taking Rights Seriously» Dworkin elaborates this topic in the book «Freedom's law, The moral reading of the American constitution» and in other books such as «A Matter of Principle» and «Law’s Empire». The main critic tool is the theory of «the moral reading» of the constitution developed by Dworkin. Based on it, Dworkin criticizes judicial originalism and textualism, taking the position of a judicial activist. Defending the theory, he builds a defense against the argument about the antidemocratic nature of his approach. The theoretical basis of Dworkin’s criticism is his understanding of law as an interpretative enterprise.