National security in the context of the transformation of modern constitutionalism: from declarative to institutionalization

• Published in: Национальная безопасность / nota bene no. 3; pp. 28 - 46
• Main Author: Poyarkov, Sergei Yur'evich
• Format: Journal Article
• Language: English
• Published: 01.03.2025
• ISSN: 2454-0668; 2454-0668
• DOI: 10.7256/2454-0668.2025.3.74903

Modern transformations of global and domestic order necessitate a rethinking of traditional frameworks of constitutional regulation, particularly in the aspect of ensuring security. In the context of permanent threats—from cyberattacks to hybrid conflicts—national security acquires the status of a foundational element of constitutional legality. The subject of this research is to identify the mechanisms through which the principles and institutions of constitutionalism adapt to these challenges. The relevance of the topic is determined by the need for legal formalization of long-term responses to threats that were previously viewed as temporary. Special attention is given to how the role of the state is changing: from a mechanism for restraining power to a guarantor of resilience and stability. This shift in emphasis requires the development of a new theoretical and normative construct. Constitutionalism must be capable of not only limiting power but also sustaining the viability of the system in the face of existential risks. Methodologically, the work is based on systemic and comparative legal approaches that allow for the exploration of adaptive mechanisms in different jurisdictions. Formal legal and hermeneutic analysis is employed to reveal the transformation of key concepts within the legal field. The scientific novelty of the research lies in the conceptualization of security as an internal constitutional category, rather than an external phenomenon relative to the legal system. For the first time, an attempt is made to systematically consider the institutionalization of security within the structure of modern constitutionalism. It is shown that the legal establishment of security measures must be accompanied by the creation of stable institutions, rather than being reduced to temporary states of emergency. It is argued that only through such institutionalization is a new balance possible between rights and protective measures. The research also pays attention to transnational legal trends affecting national constitutional practices. The conclusion is made about the necessity for a flexible, yet normatively defined approach to security as a constitutional category. The presented provisions contribute to the development of adaptive constitutionalism as a responsive form to the challenges of the 21st century.