UNIVERSAL CONSTITUTIONAL VALUES AMIDST THE DIVERSITY OF NATIONAL IDENTITIES

Abstract

The study is devoted to the paradoxical phenomenon of modern globalization: despite the permanent process of globalization, expressed in a communicative rapprochement of the entire world community, individuals demonstrate a deep attachment to national identity. The authors of the article note a dichotomy between the tendency towards homogenization and the need of the individual to preserve identity. The central element of the study is human dignity as a universal constitutional value, capable of functioning as a “common denominator” for diverse national identities. Purpose: based on a comparative analysis of constitutional provisions and judicial practice in various states (Germany, Cuba, South Africa and Russia) to demonstrate, that despite different models of implementation and interpretation of this value, human dignity serves as a benchmark that transcends time, historical experience and cultural particularities. Methods: in the course of the study, we applied general scientific and private scientific methods (historical-legal, comparative-legal and formal-legal). Results: an analysis of constitutional norms on human digni-ty in different countries showed that, despite the complex relationship between legal norms, collective historical memory, ideological convictions and cultural charac-teristics, human dignity plays a foundational role in constitutional law-making and law enforcement. Furthermore, it serves as a basis for the formation of national identity and the development of nations.