| Abstrakt: |
It is indicated that in the modern conditions of globalization and European integration, the study of the interaction of constitutional and international law acquires special relevance. Constitutional law, being a fundamental branch of national law, is increasingly influenced by international legal norms and standards, which makes it necessary to rethink traditional approaches to understanding its place in the legal system. The article provides a comprehensive theoretical and legal analysis of the process of constitutionalization of international law and the formation of international constitutional law as an independent subfield. The main trends of the transformation of international law in the conditions of globalization are studied, in particular: increasing the role of non-state actors, rethinking the concept of state sovereignty, deepening the interaction of international and national law, forming a hierarchical structure of international legal norms. The concept of common values of the world community as a fundamental basis of the constitutionalization of international law is analyzed. Special attention is paid to human rights as a component of international constitutional law and their subsidiary function in relation to national legal systems. The phenomenon of transnational constitutionalism and its influence on the formation of a new global legal order are considered. The problem of the transformation of the subject composition of international law and the transition from the traditional theory of sovereignty to multi-level constitutionalism is studied. The need to develop a new methodology for the study of the international legal order, which combines the approaches of constitutional, administrative and international law, is substantiated. On the basis of the conducted analysis, the possibility of distinguishing international constitutional law as an independent subbranch of international law is argued, given the uniformity of legal regulation and the formation of a specific methodology. Particular attention is paid to the relevance of the constitutional and legal dimension of international cooperation in countering aggression, terrorism and genocide in the context of russian aggression against Ukraine. [ABSTRACT FROM AUTHOR] |
