Author 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.