Abstract

Introduction: Problems of stability of constitutional order have both theoretical and practical dimensions and touch all states. In the article, constitutional stability in the context of social changes is discussed. Methods: Doing the analysis, the authors use special methodology of legal research. In particular, a comparative-law is broadly applied as well as case studies. Analysis: In the first part of the article the authors discuss recent developments in the Russian constitutional legislation concerning electoral systems and informational technologies. In particular, the «Yarovaya Act» is criticized. In the authors’ opinion, legislation that does not meet social demands undermines constitutional stability. Frequent amendments of the Constitution and constitutional legislation (especially electoral one) do not contribute to constitutional stability as well. In the second part the authors analyze constitutional stability through the prism of inter-ethnic relations. They discuss some cases from Indian, Nigerian and Ethiopian experience. Results: The authors make a conclusion that stable constitutional order does not mean inflexible order. There should be a balance between social changes and maintenance of basic values and institutions. The constitutional order should be rigid enough for social changes not to be able to undermine the constitutional basis and trust of citizens to values, aims and principles proclaimed by the main law of the country.

Highlights

  • Problems of stability of constitutional order have both theoretical and practical dimensions and touch all states

  • The analysis shows that stable constitutional order should be flexible enough to absorb new ideas and institutes, which harmonize the values of a particular society, set forth in the country’s constitution, and adapt to the changing environment

  • At the same time it should be rigid enough for social changes not to be able to undermine the constitutional basis and trust of citizens to values, aims and principles proclaimed by the main law of the country

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Summary

Introduction

Problems of stability of constitutional order have both theoretical and practical dimensions and touch all states. Constitutional order is a notion which encompasses a wide range of state law phenomena. It includes the constitution as a set of fundamental legal principles, values and norms, and the whole palette of institutes existing in a particular state and defining its constitutional design. Constitutional order reacts to the varying external and internal factors: some institutes appear, others die, some of them transform adapting to the changed social environment.

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