Lvova E. Global Constitutionalism: Theoretical Approaches and Legal Challenges to Formation

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100382

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

24-07-2020

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The dissertation is devoted to the study of theoretical approaches and legal challenges to the formation of global constitutionalism. The author of the dissertation defines the conceptual, elemental and functional characteristics of global constitutionalism. The research summarizes the ideological-conceptual and historical-legal fundamentals of global constitutionalism. Taking into account the ideas of global constitutionalism, the dissertation reveals the transformation of principles of international and constitutional law and exercises their reconstruction. The place of global constitutionalism as an ideology and as an exceptional interdisciplinary experimental approach, in particular in the context of the ability of development and transparency of legal mechanisms to ensure and protect human rights and freedoms, has been resolved. The work presents the analysis of interconnection between international constitutional law and global constitutionalism. The significance of global constitutionalism is displayed graphically as an example of the intersection of international constitutionalism and national constitutionalism, while the interaction and intersection of constitutionalism, enforcement and social security at different levels of migration are reviewed. The author evaluates the role of ensuring national interests and the implementation of state sovereignty in the global globalized legal space. The role of the constitutional state of Ukraine in the formation of global constitutionalism is revealed. A theoretical model of global constitutionalism is developed and the analysis of the incorporation of legal globalization into the national constitutional order is carried out.

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