System of constitutionalism and constituent power in the context of globalization: some modern approaches

A methodological understanding of the system of constitutionalism and constituent power in the context of globalization is important for public discourse. The modern legal and political order stems from the formula of democratic legitimation of public authority, and the constitutive authority is the legal and social basis of the architecture of a modern state. Both in Russia and in the international arena, the source of constituent power is “eroded” and a “democratic deficit” manifests itself in the discussion and adoption of the most important state decisions. The article uses discourse analysis, methods of specific historical, comparative legal and comprehensive analysis of legal acts, state legal and interstate practice, methods of constitutional design and legal hermeneutics to understand the legal foundations and prospects for the development of Russian constitutionalism and constituent power as a domestic project. The novelty of the study is to identify the generative function of the constituent power for the positive changes of Russian constitutionalism in the context of the formation of responses to the challenges of globalization.