Constitutional law in the system of international law

Abstract

The article analyzes the processes of constitutionalization of international law. The purpose of the study is to substantiate the functions and principles of international law that determine the actions of subjects of international legal relations, to assess the potential of constitutional international law to ensure the constitutional legal order. The methodological strategy is built on the synthesis of general scientific and special private law methods. The main emphasis is placed on three main aspects of the constitutionalization of international law: the general values of the international community, the law-making process at the global level of subjects of international law, considered through the prism of the theory of sovereignty. The problem of finding the methodology of constitutional international law is raised. The general values of the international community as a basic prerequisite for the formation of international constitutional law are analyzed, the actions of subjects of international law are evaluated through the prism of the theory of sovereignty, the peculiarities of the norm-making process at the international level in the context of the formation of international constitutional law and the issue of the distribution of competence between different levels of the multi-level system of modern constitutionalism are investigated . The main principles of international constitutionalism are highlighted: limitation of state power in order to ensure human rights, non-use of force or threat of force, territorial integrity of states and inviolability of borders, democratization of social relations, transparency of legislative norms. Observance of these principles acquires constitutional significance in international law. The conclusions indicate the possibility and necessity of distinguishing international constitutional law as an independent field within the framework of international law due to the uniformity of its legal regulation. Considering the consequences of globalization, there is a need to replace the fragmented order based on regional, political, economic, national or cultural characteristics with a global legal order, which is ensured by the constitutionalization of international law.