Transformation of constitutionalism in contemporary society: conceptual foundations

The relevance of the article's topic is determined by the necessity to study the transformation of constitutionalism in modern society in response to dynamic changes in the social, political, and technological spheres. In the context of globalization and digitalization, the importance of adapting the constitutional order becomes increasingly evident, which is the subject of this research. The transformation of constitutionalism is not merely a consequence of legal evolution or a mechanical adaptation to external conditions, but a result of profound processes occurring within legal consciousness, political culture, and the very structure of power. It affects not only forms but also essence: the perception of the legitimacy of public authority is changing, the emphasis is being redistributed between public and private autonomy, and between universal rights and specific measures of legal protection. The main research method used is conceptual analysis, aimed at identifying the key trends and mechanisms of the transformation of constitutionalism. The methodology of the study is based on a systemic approach, which allows viewing constitutionalism as a living, evolving system interacting with a changing external world. The novelty of the study lies in presenting the transformation not as a rejection of traditional principles but as a process of their adaptation to new conditions, while maintaining continuity. The article emphasizes the shift from a normative approach to a functional one, reflecting the necessity for the real implementation of rights and freedoms, rather than merely their formal enshrinement. Special attention is given to new forms of civic participation, such as digital citizenship and constitutionalism, which open up new opportunities for citizen participation in the political process and require the protection of rights in the digital environment. The work also examines the strengthening of the role of the judiciary in the process of constitutional transformation, as well as the problems associated with its instrumentalization and the threat of external influence. An important element of the study is the search for a balance between individual rights and public interests, which is especially relevant in conditions of social and political instability. In conclusion, the article outlines proposals for further research aimed at developing flexible constitutionalism, combining the stability and adaptability of legal systems.

Authors

Publication Details

Journal
Право и политика
Published
2025-04-01
DOI
https://doi.org/10.7256/2454-0706.2025.4.74044
Citations
2
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
31.97
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article

Transformation of constitutionalism in contemporary society: conceptual foundations

Sergei Yur'evich Poyarkov
2 citations
Право и политика
Legal and Policy Issues
31.97
article

Transformation of constitutionalism in contemporary society: conceptual foundations

Sergei Yur'evich Poyarkov
article en
2 citations

Abstract

The relevance of the article's topic is determined by the necessity to study the transformation of constitutionalism in modern society in response to dynamic changes in the social, political, and technological spheres. In the context of globalization and digitalization, the importance of adapting the constitutional order becomes increasingly evident, which is the subject of this research. The transformation of constitutionalism is not merely a consequence of legal evolution or a mechanical adaptation to external conditions, but a result of profound processes occurring within legal consciousness, political culture, and the very structure of power. It affects not only forms but also essence: the perception of the legitimacy of public authority is changing, the emphasis is being redistributed between public and private autonomy, and between universal rights and specific measures of legal protection. The main research method used is conceptual analysis, aimed at identifying the key trends and mechanisms of the transformation of constitutionalism. The methodology of the study is based on a systemic approach, which allows viewing constitutionalism as a living, evolving system interacting with a changing external world. The novelty of the study lies in presenting the transformation not as a rejection of traditional principles but as a process of their adaptation to new conditions, while maintaining continuity. The article emphasizes the shift from a normative approach to a functional one, reflecting the necessity for the real implementation of rights and freedoms, rather than merely their formal enshrinement. Special attention is given to new forms of civic participation, such as digital citizenship and constitutionalism, which open up new opportunities for citizen participation in the political process and require the protection of rights in the digital environment. The work also examines the strengthening of the role of the judiciary in the process of constitutional transformation, as well as the problems associated with its instrumentalization and the threat of external influence. An important element of the study is the search for a balance between individual rights and public interests, which is especially relevant in conditions of social and political instability. In conclusion, the article outlines proposals for further research aimed at developing flexible constitutionalism, combining the stability and adaptability of legal systems.

Право и политика(4)
Openalex Percentile: Top 1%
Legal and Policy Issues
31.97
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