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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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Cooperation and Power in a Pluralist World

Cooperation and Power in a Pluralist World

Chapter:
(p.225) 7 Cooperation and Power in a Pluralist World
Source:
Beyond Constitutionalism
Author(s):

Nico Krisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228317.003.0007

Chapter 7 focuses on prospects of cooperation and problems of power in pluralism. Assertions of competing supremacy claims are typically part of processes of change in the respective regimes, and this element of change is also crucial for the broader assessment of pluralism's promise. As postnational regimes change—and are strengthened—they provoke challenges from disaffected actors, including domestic ones which are typically at the margins of regime design and adaptation. Pluralism's openness helps to buffer and accommodate such resistance informally, allows for working around competing claims in an incrementalist fashion, and constructing authority over time. Contrary to widespread assumptions in the literature, it can also help to remedy (rather than reinforce) power asymmetries in postnational governance. As regimes evolve, they prompt processes of normative change and trigger greater demand for institutional transformation by previously excluded actors. Pluralism's openness provides space for such challenges, while constitutionalist orders tend to stabilize initial, often more power-driven designs.

Keywords:   pluralism, constitutionalism, cooperation, stability, power, postnational governance, resistance, authority, normative change

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