COMPARATIVE CONSTITUTIONAL LAW - AN INDISPENSABLE TOOL FOR THE CREATION OF TRANSNATIONAL LAW
The article deals with tasks and prospects of comparative constitutional law at the present stage. Increasing attention is being paid to the study of comparative constitutional law, thanks both to the expansion of transnational constitutional law and to the increasing relevance of the legal value of national constitutional identities. The aim of the study is to identify the role of comparative constitutional law in the formation of modern model of transnational law. To achieve this aim, the author examines the modern concept of development of law in the European space, including the concept of European Constitutional Heritage and the concept of conditionality. The author notes that current trends of globalization and integration dictate the need for new approaches to comparative law researches imposing a transition from the fragmentary experience of the various national legal orders to a global legal space constructed from the raw materials of national experiences. Special attention is paid to the importance of comparative constitutional legal studies at the evaluation of specific constitutional provisions of individual states. In this regard the author emphasizes the role of the Venice Commission which does not limit its analysis to the relevant written constitutional and legislative provisions, but also thinks ahead by taking their concrete interpretation into account. Based on the conducted research, the author has concluded that that the development of national legal orders and the common supranational legal order in a spirit of respect for the universally recognized principles and values of constitutionalism, should be based on the combined efforts of all actors, including judges, lawyers, scholars and experts in the field of law. It is of special current interest when there is a dearth of political initiative, or when intervention is limited to grandiose proclamations or the invocation of general principles, effectively leaving room for the other dramatis personae to develop the work in progress.