The Making of a European Constitution : Judges and Law Beyond Constitutive Power : Routledge-Cavendish : 9780415574457 : 0415574455 : 30 Nov 2009 : 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