"Jus cogens" and constitutional law: Transformation of the hierarchy of norms and institutions in the context of global law and order

Modern constitutional law is faced with the need to rethink the traditional hierarchy of norms in the context of the transnationalization of legal regulation. The leading challenge to the classical model of law and order is the integration of jus cogens norms, peremptory norms of international law that have the highest legal force and universal obligation. These norms begin to play the role of a kind of transcendent criterion that affects the limits of the permissibility of both legislation and constitutional reforms. This problem is particularly acute in countries with a formalized doctrine of the supremacy of the constitution, where jus cogens begins to compete with fundamental national norms. The appeal to them in the practice of constitutional courts and international instances demonstrates a shift from a vertically sovereign to an axiologically oriented model of law. The examples of Germany, Italy, France, and Colombia indicate the emergence of more flexible, polycentric legal structures in which jus cogens is interpreted as an integral part of the constitutional order. The subject of the study is the transformation of the hierarchy of legal norms and institutions under the influence of jus cogens in the context of the emerging global legal order. The methodological basis of the research includes legal hermeneutics, axiological analysis and a comparative legal approach. These methods make it possible to identify how the structure and logic of constitutional regulation is changing in the context of the interaction of national and international law. An institutional approach has also been applied to evaluate regulatory conflict resolution mechanisms. The scientific novelty of the study lies in the interpretation of jus cogens not only as an international category, but also as the axiological limit of national lawmaking. In the context of the erosion of the classical normative pyramid, a post-hierarchical model is being formed, in which jus cogens becomes a normative reference point that does not fit into the previous framework of sovereignty. This requires not the abandonment of national constitutionalism, but its conceptual renewal. The conclusions of the study are focused on the development of the idea of a legal dialogue between different levels of normativity, including the possibility of quasi-constitutional coexistence of jus cogens and national foundations. It has been established that models allowing for such coordination are already being implemented in a number of legal systems. The proposed concept can be used as a basis for further doctrinal and institutional transformations. The article contributes to the formation of a new ontology of global constitutionalism.

jus cogens, mandatory norms, Constitutional law, hierarchy of norms, Transnationalization, Legal sovereignty, the axiology of law, legal ontology, Global legal order, Public international law