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 as political 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
normative vision. 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 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.
This book analyzes 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. The empirical 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 pluralist
settings.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
