Adaptive Constitutionalism: Conceptual Foundations and Institutional Mechanisms in Conditions of Political-Legal Turbulence

• Published in: Административное и муниципальное право no. 3; pp. 67 - 85
• Main Author: Poyarkov, Sergei Yur'evich
• Format: Journal Article
• Language: English
• Published: 01.03.2025
• ISSN: 2454-0595; 2454-0595
• DOI: 10.7256/2454-0595.2025.3.74695

The current state of political-legal systems is characterized by the increase of turbulence caused by global, digital, ecological, and social challenges. In these conditions, the traditional model of constitutionalism, based on stability, hierarchy, and normative rigidity, is losing its capacity for effective legal and institutional adaptation. The task arises to rethink the theoretical and practical foundations of constitutional order, taking into account new forms of legal dynamics. The subject of this research is the phenomenon of adaptive constitutionalism, viewed as a paradigm capable of ensuring flexibility and resilience of public authority in conditions of instability. The relevance of the topic is determined by the necessity to develop legal mechanisms that ensure a balance between the variability of the external environment and the internal normative coherence of the constitutional order. The article examines the conceptual foundations of adaptive constitutionalism as well as the institutional forms of its implementation in various legal systems. The methodological basis of the study includes system-structural, comparative-legal, institutional, and contextual methods of analysis. The use of an interdisciplinary approach allowed for the identification of correlations between political instability, legal transformation, and institutional adaptability. The scientific novelty of the research lies in the introduction and justification of the category "adaptive constitutionalism" as an independent direction in the development of modern constitutional-legal thought. The work reveals the theoretical principles underlying it: flexibility, responsiveness, legal pluralism, digital legitimacy, and institutional resilience. Institutional mechanisms ensuring the adaptation of the constitutional order have been defined: flexible forms of the separation of powers, digitization of public procedures, and the evolution of control and participation mechanisms. The necessity of transitioning from normative rigidity to legal adaptability without losing legitimacy and predictability of the legal system has been substantiated. It is shown that adaptive constitutionalism acts as a legal response to the challenges of political-legal turbulence while preserving the principles of the rule of law, human rights, and institutional balance. The conclusion is made about the prospects for applying the concept in transforming and post-crisis societies. The proposed concept can be used as a theoretical model and practical guideline in designing resilient legal orders.