TAILIEUCHUNG - The Making of a European Constitution Judges and Law Beyond Constitutive Power

The course of constitution-making within Europe has never run less smoothly. At the time of writing, French and Dutch electorates have inflicted a brutal blow upon the aspirations of European sentimentalists everywhere, rejecting the adoption of the draft constitutional treaty for Europe. As a consequence, the putative ‘European Constitution’ – so carefully drawn up by the European Constitutional Convention and so firmly approved by an Intergovernmental Conference – now languishes in limbo, a seemingly unloved and unlovable document, and simple testament to the failure of European parliamentarians and governments to force a true constitutive moment within Europe | The Making of a European Constitution Judges and Law Beyond Constitutive Power Michelle Everson and Julia Eisner Routledge Taylor Francis Croup The Making of a European Constitution udges and Law Beyond Constitutive Power 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. 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 rather as The Making of a European Constitution documents through practical process. Michelle Everson is Professor of Law at Birkbeck College University of London. Julia Eisner has worked extensively as an academic assistant specialising in empirical interview-based .

• Luật học
• Constitutive Laws
• Law Beyond
• Constitutive Power
• transfigured constitution
• legal theory
• constitutional theory
• Exponential Creep
• Dislocation Substructure
• Polycrystalline Solids
• Inhomogeneous Plastic
• Thermodynamic Framework
• N directional
• Child Pornography
• Technologically Assisted
• Intercepting Protected
• Modern Constitutions
• Fundamental Laws
• Bibliographical Notes
• Constitutions of Nations
• Austria Hungary
• historic structure
• Functions of Parliament
• royal prerogative
• Cabinet
• regulatory agencies
• Private Law
• Justice
• Pluralism
• federal systems
• Federalism
• European Union
• legislature
• judicial review
• Public Interest
• Immunity Certificates
• GLOBALISATION
• BUSINESS ETHICS
• Gendered Process
• Postcolonial Perspectives
• accession process
• CEE constitutions
• EU membership
• amendment procedure
• European Constitution
• Christoph Grabenwarter
• Pouvoir Constituant
• Institutional Issues
• Political Institutions
• Individual Rights
• Constitutional Scholarship
• International Treaties
• Legal Visions
• Human Dignity
• Constitutional Court
• Post Communist Transitions
• German Law
• administrative safeguard
• parliamentary consent
• Government alternatives
• Income Tax
• Medieval constitutions
• social origins
• feudal transformation
• fundamental law
• Administrative Law
• Administrative Agencies
• Central Government
• County councils
• Local government
• Extended powers
• Dying Declarations
• Comparative Anthropology
• Pierre Legendre
• Ethical Obligation
• Law Deathbound
• Memento Mori
• Constitutional Requirements
• Prudential Considerations
• Abstention Doctrine
• Facial Challenges
• Constitutional Questions
• Judicial Supremacy
• Remote Sensing
• Forestry Studies
• Operative Support
• Forest Utilization
• Adding Value
• Hemicellulose
• Position of Migrants
• Constitutional Referendum
• Country Report
• Constitutional Treaty
• Mixed motiv
• irrelevant considerations
• Broad unreasonableness
• District Organization
• Tribal Government
• Popular Initiative
• Model Constitution
• Domestic Relations
• Secular Configuration
• Assimilative Secularism
• Ameliorative Aspiration
• Constitutional Perspectives
• Religion
• Politics
• Magna Carta
• Affirmative Action
• Confederate Constitution
• Common Law
• Enumerated Powers
• Fundamental Rights
• ratification proces
• constitutional bases
• Common Foreign
• European Community
• Constitutional Illusions
• Anchoring Truths
• Natural Law
• Previous Restraints
• Legal Positivists