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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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Pluralist Challenges

Pluralist Challenges

Chapter:
(p.263) 8 Pluralist Challenges
Source:
Beyond Constitutionalism
Author(s):

Nico Krisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228317.003.0008

Chapter 8 inquires into pluralism's implications for democracy and the rule of law. It does not develop a full-fledged theory of postnational democracy, but analyses the ways in which a pluralist order relates to key parameters of such a theory. Pluralism's appeal lies in its ability to respond to the plurality of governance sites, the multiplicity of demoi, and the importance of contestation in a multidimensional approach to democracy adequate for the postnational space. Greater concerns often stem from pluralism's tensions with the rule of law and legal certainty. Such concerns are, however, exaggerated: also in constitutionalist settings, legal certainty is always limited and the rule of law does not represent an absolute value. As the chapter shows, the rule of law also has a place in the construction of the ‘interface norms’ through which the layers of law in a pluralist order regulate their relations. These norms should reflect the autonomy pedigree of the different layers and strive for compatibility among layers with similar pedigrees.

Keywords:   pluralism, constitutionalism, postnational order, democracy, rule of law, contestation, interface norms, autonomy

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