Adaptive constitutionalism as a paradigm of proactive constitutional design: towards a strategy of constitutional resilience
Modern constitutional theory and practice face a fundamental challenge posed by the growing gap between the static nature of the fundamental law and the dynamics of global transformations. The traditional model of constitutional lawmaking, historically developed as a reaction to specific crises, demonstrates a systemic inability to proactively ensure the stability of the political order in conditions of chronic uncertainty. This issue is especially relevant in an era of accelerated technological progress, global pandemics, hybrid conflicts, and the erosion of liberal democratic institutions. The central contradiction lies in the tension between the demand for the constitution to be an immutable foundation of statehood and the need for its flexible transformation in response to changing realities. The subject of the study is the concept of "adaptive constitutionalism," which combines elements of proactive constitutional design, the doctrine of the "living constitution," and strategies for constitutional resilience. The article analyzes institutional mechanisms capable of ensuring the adaptation of the constitutional order without undermining its stability and legitimacy. Special attention is given to the dual nature of adaptive mechanisms, which can be used both to strengthen democracy and to legitimize authoritarian transformation. The methodological basis of the research is a comparative legal method supplemented by formal legal analysis, a historical-legal approach, and systemic analysis to study the interconnections between the elements of the constitutional order. The scientific novelty of the study lies in the systemic integration of disparate approaches into a unified theoretical model that views the constitution as a complex, self-organizing system capable of internal transformation without losing its identity. The proposed "concentric structure" of adaptive constitution, in which an immutable constitutional core is surrounded by areas of strategic resilience and operational adaptability, overcomes the artificial opposition between stability and flexibility. The study reveals the dual nature of adaptive mechanisms and develops a system of institutional "safeguards" against their instrumentalization in authoritarian contexts. The practical significance of the paradigm is manifested in the formation of specific tools for legislators, courts, and civil society, including innovative digital technologies for civic participation. Russian constitutional practice demonstrates the potential for developing adaptive mechanisms through the activation of expert institutions and the digitalization of public participation procedures.
Authors
- Sergei Yur'evich Poyarkov
Publication Details
- Journal
- Административное и муниципальное право
- Published
- 2025-06-01
- DOI
- https://doi.org/10.7256/2454-0595.2025.6.76637
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00