The crisis of democratic institutions and the weakening of the rule of law as elements of the transformation of modern constitutionalism

• Published in: Юридические исследования no. 7; pp. 40 - 60
• Main Author: Poyarkov, Sergei Yur'evich
• Format: Journal Article
• Language: English
• Published: 01.07.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.7.74914

The modern stage of state development is characterized by the intensification of processes of institutional dilution of democratic norms and legal constraints that were previously considered an integral part of liberal constitutionalism. In many countries, which formally maintain democratic procedures, there is a consistent trend towards the erosion of checks and balances, the loss of real independence of the judicial power, and the weakening of parliamentary control. These processes are particularly evident in the framework of so-called "soft autocracy," where the external legal shell is used to legitimize anti-democratic practices. These phenomena cannot be reduced solely to internal breakdowns in law enforcement—they represent a systemic transformation of fundamental constitutional principles. In this context, there is a growing interest in studying the transformation of the rule of law and its replacement with mimetic mechanisms. The subject of this study is the crisis manifestations in the functioning of democratic institutions and the degradation of the rule of law as an expression of the transition from substantive to formal constitutionalism. Against this backdrop, the task of conceptually rethinking the role of public authorities, civil society institutions, and legal procedures in the context of a "post-liberal turn" is brought to the forefront. The methodological basis of the study includes comparative legal, institutional, and critical-normative approaches, allowing for the analysis of the evolution of constitutional regimes from the perspective of the sustainability of democratic practices. The novelty of the research lies in the attempt to systematically understand the crisis of democracy and law not as isolated deviations, but as a consequence of a deeper transformation of the political-legal order. It is suggested to view these phenomena through the lens of the concept of adaptive constitutionalism, capable of revealing signs of simulation and hidden de-constitutionalization. It has been established that formal compliance with procedures does not guarantee the genuine implementation of the principles of the rule of law. Moreover, legal instruments are increasingly becoming objects of political instrumentalization. The work emphasizes the role of constitutional courts as potential actors of legal resistance to transformation, provided they maintain institutional independence and social legitimacy. The possibilities of civil society in addressing the deficit of representation and accountability of power are also considered. In conclusion, the necessity of reevaluating traditional models of constitutional analysis in light of the current challenges of democratic erosion is underscored.