Beyond Constitutionalism - The Pluralist Structure of Postnational Law
Author :
Edition : 2012
Media : Paper Back
ISBN : 9780199659968
JBA Book Code : 131167

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Description : 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 rules whose 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 about stability, power, and the rule of law.