Shamrai V. The impact of globalization and interstate integration on the contemporary development of constitutional law: the problems of theory and practice

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001747

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

13-11-2019

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to study the influence of globalization and international integration on modernization of the constitutional law in total and its individual institutes, and the methodology of the study, the clarification of peculiarities on formation of the subject and the principles of constitutional and legal regulation. The specifics of the subject and principles of constitutional-legal regulation formation in conditions of activation processes of globalization are analyzed, attention was paid to the necessity of the constitutional and legal investigation to processes of gradual constitutional law transformation as a branch. First of all, this applies to the whole body of constitutional and legal matter: subject, principles, institutions, sources, their systems, taking into account the current trends of legal globalization and European interstate integration. The legal nature of transnational (global) constitutionalism as a modern phenomenon of socio-legal reality is considered, reflecting the key trends and determinants of the processes of international law constitutionalization and the internationalization of constitutional law and is a direct product of these processes. The influence of international treaties on constitutional law, which becomes more important in the modern conditions of universal legal globalization and European international integration, is investigated, as in many cases signing of agreements, especially while joining certain organizations and unions, forces them to be implemented in internal legislation, or even change the constitution.

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