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Article

ГЛОБАЛЬНЫЙ КОНСТИТУЦИОНАЛИЗМ:ПРЕЦЕДЕНТ В ТРАНСНАЦИОНАЛЬНОЙ ПРАВОВОЙ КОММУНИКАЦИИ

Закон. 2020. № 1. С. 98-108.

Global constitutionalism is the influential theoretical construction
consolidating the whole scope of interactive processes on the border
of international and national law in formation of a new global
transnational or supra-national legal and political reality. Hypothetically,
the relative diminution of the role of national constitutionalism against
its international counterpart paved the way for the growing role of
international jurisprudence in constitutional matters. That development
produces a new type of conflicts between international and national
courts in the understanding of constitutionalism, its nature, and its
role in a new cosmopolitan reality. The new conflict has its obvious
representation in the new phenomenon of precedents of global or
transnational law as opposed to precedents more traditional in nature.
The author analyses the processes of integration and fragmentation in
international constitutional law showing how the balance shifts between
hard and soft law, traditional and new concepts of legal precedent
and judicial activism regarding proportionality theory, the structure
of the sources of law, transformative or transitional jurisprudence,
and the growing polarisation of the multi-layered constitutional
jurisprudence.