Beyond Constitutionalism: The Pluralist Structure of Postnational Law by Nico KrischBeyond Constitutionalism: The Pluralist Structure of Postnational Law by Nico Krisch

Beyond Constitutionalism: The Pluralist Structure of Postnational Law

byNico Krisch

Paperback | October 15, 2012

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Under pressure from globalization, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well aspolitical theorists has been to extend domestic concepts - especially constitutionalism - beyond the state. Yet as this book argues, proposals for postnational constitutionalism not only fail to provide a plausible account of the changing shape of postnational law but also fall short as a normativevision. They either dilute constitutionalism's origins and appeal to 'fit' the postnational space; or they create tensions with the radical diversity of postnational society.This book explores an alternative, pluralist vision of postnational law. Pluralism does not rely on an overarching legal framework but is characterized by the heterarchical interaction of various suborders of different levels - an interaction that is governed by a multiplicity of conflict ruleswhose mutual relationship remains legally open. A pluralist model can account for the fragmented structure of the European and global legal orders and it reflects the competing (and often equally legitimate) claims for control of postnational politics. However, it typically provokes concerns aboutstability, power, and the rule of law.This book analyses the promise and problems of pluralism through a theoretical enquiry and empirical research on major global governance regimes, including the European human rights regime, the contestation around UN sanctions and human rights, and the structure of global risk regulation. Theempirical research reveals how prevalent pluralist structures are in postnational law and what advantages they possess over constitutionalist models. Despite the problems it also reveals, the analysis suggests cautious optimism about the possibility of stable and fair cooperation in pluralistsettings.
Nico Krisch is a Professor of International Law at the Hertie School of Governance in Berlin, where he moved in 2009 after being a Senoat the Law Department of the London School of Economics and Political Science. Previously, he held research positions at Merton College, Oxford, NYU Law School and the Max Planck Institute for Internati...
Title:Beyond Constitutionalism: The Pluralist Structure of Postnational LawFormat:PaperbackDimensions:384 pagesPublished:October 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199659966

ISBN - 13:9780199659968

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Table of Contents

Part I: Visions of Postnational Law1. Postnational Law in Search of a Structure2. The Promise and Perils of Postnational Constitutionalism3. The Case for PluralismPart II: Pluralism in Postnational Practice4. The Open Architecture of European Human Rights Law5. Sanctions and Rights between Hierarchy and Heterarchy6. Pluralism in Postnational Risk RegulationPart III: Pluralism's Virtues (and Vices)7. Cooperation and Power in a Pluralist World8. Pluralist Challenges9. Conclusions: Postnational Pluralism and Beyond

Editorial Reviews

"Nico Krisch has written one of the most lucid and circumspect contributions, which is likely to show significant repercussions in the field...In sum, Nico Krisch has written a truly wonderful book." --Marcus Oda, International Law and Politics