Abstract
<p>Globalisation has provoked a deep transformation in international law, political affairs and governance with contradictory consequences. It has stimulated the cosmopolitan project of global constitutionalism, transnational integration and the unification of democratic standards. However, it also resulted in the fragmentation of international affairs, the deterioration of constitutional democracy and a feeling of a growing shortage in democracy on national and international levels of governance. Trying to balance the impact of these two opposing trends, the author analyses the positive and negative effects of globalisation on constitutional development regarding such issues as transnational constitutionalisation, democracy and national sovereignty, the changing place of multilayer constitutionalism, the international separation of powers, and the system of global governance in the establishment of transnational constitutional democratic legitimacy. From this point of view, the populist backslide in Central and Eastern Europe (CEE) looks dangerous and unforeseen, but it is a systemic and potentially predictable reaction of global regions on the uneven character of integration, the lack of democratic legitimacy and a new answer to the contortions and dysfunctions of global governance. An adequate response to these challenges could be found in a new concept of constitutional integration based on ongoing dialogue between the transnational and national actors of legal globalisation. This dialogue is possible by using a conflict-mediation strategy, elaborated by international experts, especially, for the deliberation of complex and protracted conflicts, which have no clear practical solutions in the short to medium term.</p>
Highlights
The international debate on global legal stability cannot ignore theS problem of constitutional transformation – legal integration vs. fragmentation dispute
The most simple solution to the dilemma consists in the polarised opposition of two trends in the development of the international legal order, namely, C integration and its fragmentation
Considering the growing fragmentation in international relations as a real threat to global legal stability and a way toward “normative disorder”, this paper proposes a pragmatic and value-free evaluation of this trend putting forward some recommendations to overcome this negative dynamic
Summary
S problem of constitutional transformation – legal integration vs. fragmentation dispute. If interpreted as a tool of normative conflict solution, Uit includes a variety of interpretations: as a possibility to regulate tensions between unification and diversity; as a problem of procedural character – fragmentation as a transition of technical expertise from the national to the international context; and as an interaction between rules and institutional practices culminating in the erosion of international law.[48] The agreement with one or another position in this theoretical dispute means the choice of a pragmatic attitude – the strategy of some policy of law in the area of global and national constitutionalism. HOW LARGE IS THE WORLD OF GLOBAL LEGAL FRAGMENTATION? “PROTECTIVE CONSTITUTIONALISM” AS A NEW POLITICAL REALITY
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