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The Making of a European Constitution - Judges and Law Beyond Constitutive Power (Paperback)
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The Making of a European Constitution - Judges and Law Beyond Constitutive Power (Paperback)
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An original and innovative recasting of constitutionalism, written
by acknowledged experts in the field, this empirically grounded and
theoretically informed volume addresses the strategies and
philosophies that judges and lawyers bring to bear when creating
European constitutional jurisprudence; investigating and promoting
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 the neutral matter of a
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
always, also, maintain the integrity and autonomy of the law
itself. European judges and lawyers, having been denied recourse to
all forms of constitutional mythology, provide us with an
alternative model of constitutionalism; one that does not require a
founding myth of constitutional settlement, and one which both
secures the autonomy of law, as well as ensures dialogue between
law and society. This occurs, however, not through grand theories
of 'constitutional adjudication' but, as The Making of a European
Constitution documents, rather through a practical process.
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