GLOBAL CONSTITUTIONALISM AS A THINKING ABOUT CONSTITUTIONAL VALUES IN CONDITIONS OF EXTREME UNCERTAINTY: QUO VADIS?

Abstract

The article considers the use of the phenomenology of global constitutionalism as thinking about constitutional values in the conditions of extreme uncertainty of the COVID-19 pandemic and Ukraine's war with Russia.
 The author argues that despite the fact that the active process of globalization continues to rapidly affect and affect the structure of legal systems, and international law, unfortunately, is not always an effective tool for managing these changes contrary to their own principles and customs, to help him comes the phenomenology of global constitutionalism, which serves to limit state power (even democratic), applied at the state level, taking into account the principles of the rule of law, protection of human rights and democracy.
 It is argued that the relevance of lawyers' research on global constitutionalism, in particular the impact of globalization on the development of constitutional law, due to a number of factors, including the following: A) the subject of constitutional law in countries of the world depending on their economic development; B) the essence of constitutional control under conditions of extreme uncertainty becomes important.
 It is stated that one of the most important features of modern constitutionalism of Ukraine, first, is the autonomy of the regulation of constitutional proceedings. In conditions of uncertainty, Ukraine continues to carry out judicial reform, but the issue of improving the procedure for selecting judges to the Constitutional Court of Ukraine remains relevant; secondly, there are real difficulties in constitutional and legal regulation of administrative and territorial reform and risks to the formation of a possible policy of constitutional modernization of Ukraine in the territories occupied by the Russian Federation, especially the Autonomous Republic of Crimea and Eastern Ukraine in digitalization. The formation of Ukrainian constitutionalism in the context of global digitalization should be facilitated by the consolidation of new requirements for law enforcement and law enforcement of constitutional and legislative guidelines in digital format; thirdly, in the process of globalization, the safeguards of the loss of national sovereignty and international legal personality of Ukraine should be the improvement and implementation of legislation on the procedural procedure for consideration by the Constitutional Court of Ukraine of cases on national security and state secrets.