Commenting on the European Court of Justice’s recent ruling against Hungary, Professor Allan opined that the Court’s ‘interpretive approach to reading the underlying legal materials is living constitutionalism on steroids.’ He added: ‘If it were an American court or a Canadian court doing it, I’d say they’re making it up at the point of application, they’re just making the law up. When that starts happening it’s very difficult to know how to deal with it.’