Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

View of the Social Concept of Global Constitutionalism on the Legal System

Author(s): Jacek Zalesny, Vitaly V. Goncharov

This paper is devoted to a conceptual analysis of the relationship of the social concept of global constitutionalism to the legal system. The purpose of the research: from the position of socio-philosophical methods of cognition of social reality and ideas reflecting it, to analyse the relationship of the social concept of global constitutionalism to the legal system. Object of research: the phenomenon of globalization of socio-political, state-legal and financial-economic development of national societies and states as a phenomenon of social reality, highlighted in the social concept of global constitutionalism. Subject of research: the relation of the social concept of global constitutionalism to legal regulation carried out at the international and national levels. The analysis of the impact of globalization on national legal systems, giving rise to their inability to resolve historically inherent problems of a state-legal nature, is carried out. The directions of the development of the system of international law under the influence of globalization are investigated: (1) its transformation into a global legal system, characterized by a complex mechanism of subordination of national legal systems to international law, based on democratic legal values of the Western sample; (2) international integration of national legal systems into the system of international law without regarding to the interests of national states; (3) the absence of a clear system of statutory bases at the international level for the organization and activities of the international legal system, which entails its unsystematic impact on public relations at the level of national states; (4) the lack of a mechanism for interaction and transformation of legal systems in the process of globalization.