Description
Book SynopsisAn 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 a
Table of Contents
Introduction. Constitutional Mo(u)rning. Retelling the Legal Integration Story. Forgetting Law. Adjudicating Non-authoritative Law. Constitutionalizing the Institutional Balance of Powers. The Principled Judicial Mechanics of Constitutional Morphogenesis. Constitutionalism Beyond Constitutions
