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Article

ГЛОБАЛЬНЫЙ КОНСТИТУЦИОНАЛИЗМ КАК ПРАВОВАЯ ТЕОРИЯ И ИДЕОЛОГИЯ ПЕРЕУСТРОЙСТВА МИРОВОГО ПОРЯДКА

Global (or World) constitutionalism is an established philosophical theory
(formed in European thought on the base of Immanuel Kant’s intellectual
heritage); the area of legal and political debates about possibility of a new,
more faithful, global social and legal order; and the framework for the articulation
of the new network of the current political movements, generally
oriented on globalized, or more unified vision of the constitutional values,
norms and human rights as based on common international construction
of the legal order and the global governance. Though many important
ideas of global constitutionalism were formulated by international lawyers
at the first half of the XX century (in debates occurred after the end of First
and Second World wars about the role of the League of the Nations and
United Nations Organization), the real practical importance of this theory
became much more clear only after the end of the Cold war – the collapse
of the USSR and the creation of the European Union in 1991, interpreted by
many experts as a principal achievement of this theory, a muster for its
practical implementation and a pre-eminent road-map for the future
global transformation of international law, constitutionalism and governance.
In the context of this progressive debate, concentrated mainly on
international law, European law and transnational jurisprudence, the special
issue of global constitutionalism (as a problematic and still disputable
amalgam of supra-national and national legal rules, norms and regulations)
became the subject of conflict, controversial and partisan debates in
the theory of law. The author analyses the whole balk of the most important
theories of the global constitutionalism – cosmopolitan, normative,
societal, institutional, functional, comparative, constructivist, meta-legal
and critical, showing the positive and negative aspects of each and reconstructing
the shifting balance of priorities and arguments. The bulk of the
existing theories and projects of global constitutionalism (more or less formalized,
coordinated and openly circulated in public space during last
25 years) provide a perfect ground for the complex, reliable and empirical
research of the global constitutionalism as a new international legal philosophy,
ideology, and political movement. By using the cognitive method
and the constructivist approach, this research initiative puts under consideration
the scope, the dynamic and practical influence of global constitutionalist
movement as a new ideology, public ethics, strategy and politics
of the current legal transformation.