The making of a European Constitution
Subtitle: judges and law beyond constitutive power
By: Michelle Everson and Julia Eisner.
Contributors: Eisner, Julia.
Publisher: Routledge-Cavendish
Published: 2007
Place of publication: New York, NY
Language: eng
Number of pages: 244
ISBN-13: 9780415439053; 9780203939802
Subjects: European Union; Constitutional law -- European Union countries
Description: "Not only addressing European constitutional jurisprudence, but also the strategies and philosophies that judges and lawyers bring to bear when creating it. The Making of a European Constitution investigates and promotes the sustainability of a theory or praxis of 'procedural' constitutionalism." "Building upon European and American critical legal scholarship. Michelle-Everson and Julia Eisner argue that constitutional adjudication has never been a neutral matter of mere judicial 'identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a 'mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society: but must, at the same time, maintain the integrity and autonomy of the law itself."--BOOK JACKET.
Table of contents: title: Introduction; title: Constitutional mo(u)rning; title: Retelling the legal integration story; title: Forgetting law; title: Adjudicating non-authoritative law; title: Constitutionalising the institutional balance of powers; title: The principled judicial mechanics of constitutional morphogenesis; title: Constitutionalism beyond constitutions.