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Beyond ConstitutionalismThe Pluralist Structure of Postnational Law$
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Nico Krisch

Print publication date: 2010

Print ISBN-13: 9780199228317

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199228317.001.0001

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Postnational Law in Search of a Structure

Postnational Law in Search of a Structure

(p.3) 1 Postnational Law in Search of a Structure
Beyond Constitutionalism

Nico Krisch

Oxford University Press

Chapter 1 analyses the turn to postnational law and the main frames for conceptualizing it. As binary distinctions of inside/outside and binding/non-binding are giving way to more gradated forms of normative authority in the practice of governance in and beyond the state, national, regional, and international law are increasingly enmeshed. The emerging postnational law puts pressure on the guiding principles and forms of legitimation of the different orders—thick domestic forms of legitimacy and thin, consent-based and diversity-oriented international ones are no longer neatly separated and come into conflict. Attempts at containing this challenge by re-domesticating global governance in national constitutional frameworks appear as both impractical and normatively problematic. For the new, postnational legal order, two structural visions—constitutionalism and pluralism—stand out; they form the focus of this book. This chapter briefly introduces them and provides an overview of the different chapters.

Keywords:   postnational order, postnational law, legitimacy, national law, international law

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