Global constitutionalism in the context of globalization crisis
Normative, institutional, and functional aspects of transformation
Bibliographic Data
| ID | 22149651 |
|---|---|
| Authors | Sergei Yur'evich Poyarkov (corresponding author) |
| Year | 2025 |
| Issue | 6 |
| Pages | 121-139 |
| Publication date | 2025-06-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Право и политика (JOURNAL) |
| Journal identifiers | ISSN: 2454-0706 • E-ISSN: 2454-0706 |
| Publisher | Aurora Group, s.r.o (PUBLISHER) |
| DOI | 10.7256/2454-0706.2025.6.74717 |
| OpenAlex | W4412598274 |
| Language | EN |
| References cited | 27 |
The modern era is marked by a systemic crisis of globalization, affecting not only economic and political but also legal foundations of international interaction. Against this backdrop, the analysis of the transformation of global constitutionalism as a concept that shapes supranational mechanisms for limiting power, protecting human rights, and ensuring legal order becomes particularly significant. The loss of universality of previous global institutions, the weakening role of international norms, and the rising legal pluralism call into question the possibility of maintaining the former normative architecture. Global constitutionalism, previously perceived as a legal ideal of postnational order, is now under pressure from regionalization, civilizational sovereignty, and legal fragmentation. In these conditions, there is an increasing need to rethink its essence and role: from a universal normative order to a more flexible, multi-level system of legal interaction. The subject of the study is defined as the process of redefining the normative foundations, institutional structure, and functional content of global constitutionalism in the context of the crisis of globalization. The author's position is based on an analysis of contemporary trends in the changing global legal order and their impact on the development of the constitutional paradigm in the 21st century. The research relies on structural-functional, comparative-legal, and axiological methods, which allow for a multi-level analysis of transformational processes. Both normative sources of international and national law and conceptual developments by foreign and domestic legal scholars are utilized. The scientific novelty of the research lies in identifying a three-level structure of the transformation of global constitutionalism—normative, institutional, and functional. It is shown that in the context of the crisis of globalization, universalist constitutional constructs are giving way to differentiated and adaptive models of legal regulation. The concept of adaptive constitutionalism is justified as a legal mechanism capable of integrating the diversity of legal systems without losing fundamental values. The changing role of international institutions and the decreasing effectiveness of traditional mechanisms of supranational law enforcement are highlighted. Special attention is paid to jurisdictional conflicts and the refusal of several states to comply with the decisions of international bodies. The conclusion is drawn on the necessity of forming a new balance between global normativity and state sovereignty. The presented findings have not only theoretical significance but also practical value in the context of shaping foreign policy and legal strategies of states
Constitutionalism · Democracy · Geography · Globalization · Normative · Political science · Politics · European and International Law Studies · Global Peace and Security Dynamics · International Law and Human Rights · Law
Globalization and Sovereignty
From Apology to Utopia
The Limits of International Law
The Merits of Global Constitutionalism
Foreign Relations Law and Global Constitutionalism
The Postnational Constellation
Global Constitutionalism and Its Legitimacy Problems
Opting Out of “Global Constitutionalism”
Universality of International Law from the Perspective of a Practitioner
Sovereigns as Trustees of Humanity
Legal Pluralism
| Highly cited | No |
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