Global Constitutionalism: the Theory of the Global Legal Order or a New Political Ideology?

Abstract

The idea of the global legal order, accompanying humanity throughout the whole history of its existence, has acquired practical relevance in the recent period as a tool for resolving the contradictions of globalization: world integration and regional disintegration. The article analyses the results of the international discussion on global constitutionalism; summarizes the arguments for and against its implementation put forward by international lawyers, constitutionalists, and politicians; reconstructs the strategies of constitutionalization of the world order. Despite the prevailing descriptive legal trend, the author defends the understanding of global constitutionalism as an ethical minimum, ideology and law policy, designed to ensure the inviolability of the very core of transnational legal guarantees of society in the face of the challenges of its radical transformation.

Keywords

• world constitution
• global constitutionalism
• transnational law
• constitutionalization
• integration and fragmentation of international relations
• multilevel constitutionalism
• regionalization
• sovereignty
• legitimacy
• global governance
• world order strategies; ethics
• ideology
• law policy