The Making of a European Constitution

Judges and Law Beyond Constitutive Power

Nonfiction, Reference & Language, Law, Administrative Law & Regulatory Practice, Constitutional
Cover of the book The Making of a European Constitution by Michelle Everson, Julia Eisner, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Michelle Everson, Julia Eisner ISBN: 9781134070664
Publisher: Taylor and Francis Publication: September 21, 2007
Imprint: Routledge-Cavendish Language: English
Author: Michelle Everson, Julia Eisner
ISBN: 9781134070664
Publisher: Taylor and Francis
Publication: September 21, 2007
Imprint: Routledge-Cavendish
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book Postsocialist Cinema in Post-Mao China by Michelle Everson, Julia Eisner
Cover of the book Japanese Contract and Anti-Trust Law by Michelle Everson, Julia Eisner
Cover of the book Jews, Muslims and Mass Media by Michelle Everson, Julia Eisner
Cover of the book The Teacher's Voice by Michelle Everson, Julia Eisner
Cover of the book The Supreme Court and Benign Elite Democracy in Japan by Michelle Everson, Julia Eisner
Cover of the book The Anatomy of Inquiry (Routledge Revivals) by Michelle Everson, Julia Eisner
Cover of the book Beginning Employment Law by Michelle Everson, Julia Eisner
Cover of the book Wrestling with Destiny by Michelle Everson, Julia Eisner
Cover of the book Teaching Primary Art by Michelle Everson, Julia Eisner
Cover of the book Representing Workers by Michelle Everson, Julia Eisner
Cover of the book Sharing Care by Michelle Everson, Julia Eisner
Cover of the book International Mediation in Civil Wars by Michelle Everson, Julia Eisner
Cover of the book Rethinking American Women's Activism by Michelle Everson, Julia Eisner
Cover of the book NGO Accountability by Michelle Everson, Julia Eisner
Cover of the book Social Practices, Intervention and Sustainability by Michelle Everson, Julia Eisner
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy