Abstract
The idea of the global legal order, accompanying humanity throughout the whole history of its existence, has acquired practical relevance in the recent period as a tool for resolving the contradictions of globalization: world integration and regional disintegration. The article analyses the results of the international discussion on global constitutionalism; summarizes the arguments for and against its implementation put forward by international lawyers, constitutionalists, and politicians; reconstructs the strategies of constitutionalization of the world order. Despite the prevailing descriptive legal trend, the author defends the understanding of global constitutionalism as an ethical minimum, ideology and law policy, designed to ensure the inviolability of the very core of transnational legal guarantees of society in the face of the challenges of its radical transformation.
Highlights
The theory of global constitutionalism is a significant area of legal and sociopolitical discussions going on in the world since the beginning of the 21st century
This thesis, is categorically unacceptable for their opponents, who point to pure idealism of this theoretical structure, the absence in it of a full-fledged definition of the subject of legal regulation, the contradiction of expectations with the real state of affairs, which demonstrates the crisis of globalization: the growth of disintegration processes with the transition from a unipolar to a multipolar world and the danger of political development of the theory of global constitutionalism carrying a direct threat to the fate of democracy, equality and the rule of law
The theory of global constitutionalism has formulated a number of possible approaches from the standpoint of international law, its convergence with constitutional law or the transformation of the latter, drawing attention to the formation of a new hierarchy of transnational law norms, the emergence of new actors and the area of regulatory relations, of global administrative law and governance
Summary
Ключевые слова: Всемирная конституция, глобальный конституционализм, транснациональное право, конституционализация, интеграция и фрагментация международных отношений, многоуровневый конституционализм, регионализация, суверенитет, легитимность, глобальное управление, стратегии мирового порядка; этика, идеология, политика права
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