The constitutionalism at the national level and the post-globalization legal order: challenges and prospects of convergence

Modern transformations of the global order have revealed the limits of universalist models of legal regulation and have emphasized the problem of the relationship between national constitutionalism and the changing forms of global and supranational legal order. In a post-globalization context, there is a noticeable return to ideas of sovereignty, constitutional identity, and legal pluralism, which places the need for states to rethink their normative autonomy at the forefront. The subject of this research is the relationship between national models of constitutionalism and post-globalization trends in the development of public law and legal institutions. Special attention is given to conflicts between international and national law norms, issues of the legitimacy of supranational institutions, and the adaptation of human rights to cultural diversity. The ability of constitutional systems for institutional self-reflection and legal dialogue in the face of uncertainty in the global legal landscape is also analyzed. The methodological basis of the study is the synthesis of institutional and comparative legal approaches with elements of political and legal analysis. The systemic method allowed for tracing stable interconnections between the structures of national constitutional orders and transnational normative constructions. Elements of the constructivist paradigm, which fix the role of law as a mediating space between the global and the local, have gained heuristic significance. The scientific novelty of the research lies in the conceptualization of a coupled legal order as a phenomenon of legal interaction between constitutional systems and transnational normative structures. It is shown that modern constitutionalism is not confined to the liberal universalist model and manifests itself in a variety of forms—from social to adaptive and strategic. The emphasis is placed on a polycentric approach as a possible alternative to a hierarchical legal order in the conditions of post-globalization. Institutional mechanisms and legal forms through which universal values can be reconciled with constitutional specificity are established. The analysis of constitutional judicial practice, including precedents from national and supranational courts, substantiates the dynamics of interpreting the principles of sovereignty and human rights. The necessity of rethinking the role of the state as an active subject in forming a flexible model of public law, capable of integrating global challenges without losing legitimacy and democratic content, is justified.

post-globalization, constitutionalism, legal pluralism, supranational institutions, legal identity, transnational law, human rights, polycentrism, constitutional dialogue, sovereignty