Constitutional identity and ideological paradigms in national constitutions
Between tradition, universalism, and transformation
Bibliographic Data
| ID | 22149673 |
|---|---|
| Authors | Sergei Yur'evich Poyarkov, Vitalii Viktorovich Goncharov |
| Year | 2025 |
| Issue | 8 |
| Pages | 71-89 |
| Publication date | 2025-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Право и политика (JOURNAL) |
| Journal identifiers | ISSN: 2454-0706 • E-ISSN: 2454-0706 |
| Publisher | Aurora Group, s.r.o (PUBLISHER) |
| DOI | 10.7256/2454-0706.2025.8.75291 |
| OpenAlex | W4414037110 |
| Language | EN |
| References cited | 10 |
Modern constitutions are increasingly becoming not only legal acts but also carriers of an ideological message that reflects the cultural, historical, and civilizational identity of a specific society. The confrontation between the universalist values of liberal democracy and the aspirations of states to establish a unique cultural code highlights the relevance of studying constitutional identity as a legal and symbolic category. In this context, constitutional texts are more frequently viewed as dynamic constructs capable of both integrating and excluding various social groups depending on the prescribed ideological paradigm. Against the backdrop of the crisis of universalist constitutionalism, there are growing trends towards the revival of traditional, often exclusionary models of identity based on religion, ethnicity, or historical narrative. This makes it crucial to study the ways in which ideological foundations are enshrined and transmitted through norms of the highest legal force. Constitutional identity becomes the result of the interaction between normative and narrative dimensions, in which the question of the legitimacy of the political order occupies a central place. The subject of this study is the analysis of the mechanisms for forming, expressing, and transforming ideological foundations in the texts of national constitutions. The methodological basis of the study consists of an interdisciplinary approach that includes elements of comparative law, political philosophy, and narrative analysis. The novelty of the research lies in the systematic approach to studying constitutional identity as a multi-level construct that connects legal norm with collective memory and ideological content. For the first time in domestic literature, a typology of models of constitutional identity has been proposed based on the criteria of openness, stability, and symbolic representativeness. The idea that the ideological paradigm of the constitution is not a byproduct but constitutes its structural core has been substantiated. It has been established that the transformation of identity can occur both in textual and practical spheres—through institutional reforms, judicial interpretation, and political narratives. It has been shown that the balance between tradition and transformation is an essential condition for the stability of the legal order. Risks of ideological fragmentation have been identified in the context of pressure from global and digital factors. A methodological framework for analyzing the ideological foundations of constitutions in the era of ideological pluralism has been proposed
Aesthetics · Epistemology · Ideology · Law and economics · National identity · Political science · Politics · Sociology · Universalism · Historical and Contemporary Political Dynamics · International Law and Human Rights · Judicial and Constitutional Studies · Law · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |