The complex analysis of the transnationalization of modern constitutionalism through theoretical and legal dimensions is carried out in the dissertation. The historical aspects and methodology of the study of constitutionalism as a transnational phenomenon are considered, in particular, it is indicated that the study should apply a comprehensive methodology and the integrative approach, and constitutionalism is a product of the Western civilization. The general theoretical principles of modern constitutionalism as a transnational phenomenon are analyzed. It is proposed to understand constitutionalism as the doctrine of restriction of power based on the Western civilization and legal tradition, which organically covers institutional (system of interconnected and mutually balancing bodies), axiological (a number of principles that are the concentrated embodiment of constitutional values) and normative (normative system of objects aimed at regulating power relations) components, as well as their practical implementation in society, which was organized for the optimal implementation of sovereign power, which naturally belongs to it in general and each of its members in particular. It is established that the main components of constitutionalism include the rule of law, human rights, democracy, and the principle of separation of powers.
The dissertation outlines the main modern tendencies of the transnationalization of constitutionalism. The author's definition of the term "transnationalization of constitutionalism" is formulated, which proposes to understand it as the process of spreading and bringing constitutionalism to the extranational level, which is embodied in the formation of doctrine and practice of limiting power on a multilevel basis (the national, supranational, international level that closely interconnects between each other) and is to create theoretical bases and practical mechanisms. It is proposed to distinguish between internal (dissemination of international standards, use of foreign law and case law) and external (formation at the transnational level of norms, institutions, and regimes aimed at legal regulation of a certain category of issues and removing them outside the jurisdiction of individual states) aspects within the framework of such doctrine.
The main trends in the transnationalization of modern constitutionalism include the following: (1) the formation of the doctrine and practice of "transnational constitutionalism" and autonomous constitutional order; (2) spreading the development of international legal standards of constitutionalism; (3) the active formation of transnational civil society, the emergence of mechanisms for its influence on national constitutional processes; (4) application of the method of comparative constitutional interpretation in the activities of the bodies of constitutional justice; (5) the formation of multilevel constitutionalism at the national, supranational and international levels, which consists in the existence alongside the classical mechanisms of constitutionalism within a single state and in the creation of supranational (such as the European Union) or international (Council of Europe and European Court of Human Rights etc.) organizations and entities based on the ideals of constitutionalism and aimed at ensuring the restriction of power based on the values of the rule of law, respect for human rights, separation of powers and democracy as in the internal organizational structure as well its members.
The basic international legal standards of constitutionalism are outlined, in particular, both classical international treaties and soft law acts, specifically the role and standards of the Venice Commission "For Democracy through Law". It was analyzed both the formation of transnational civil society in general and its influence on the formation of the judiciary in Ukraine, in particular the role of the Public Council of International Experts in the formation of the High Anti-Corruption Court in Ukraine, which had a decisive influence on the selection process of the candidates.
Particular attention is paid to the use of a comparative selection of candidates, constitutional interpretation, analysis of its use in foreign practice and the Constitutional Court of Ukraine, the formation of the doctrine of friendly attitude to the international law, on the basis of which it is proposed to supplement Art. 92 of the Law of Ukraine "On the Constitutional Court of Ukraine" part three of the following content "3. the Constitutional Court of Ukraine in forming a legal position must take into account the principle of friendly attitude to international law and may take into account the practice of foreign states and/or foreign judicial bodies on similar issues and/or on similar principles"
