Research and Development in Public Law

Research and Development in Public Law

Constitutional Resilience

Document Type : Original Article

Author
fardin moradkhani
Associate Professor in Public Law, Department of Law, Faculty of humanities, Bu - Ali Sina university, Hamedan, Iran
10.22034/jrpl.2025.2070317.1175
Abstract
The constitution is one of the most fundamental and at the same time the most complex institutions in the science of law, which, as the supreme legal document in a political system, has a profound impact on a wide range of areas and shapes government, political authority and the protection of individual rights. Due to this central role, numerous concepts and terms have emerged in relation to the constitution, each of which is analyzed in constitutional theory. Among these concepts, the concept of constitutional resilience is of great importance. Employing a descriptive–analytical methodology, this research seeks to answer the core question: what does constitutional resilience actually mean? Like any other institution, a constitution is not immune to deficiencies, crises, and challenges. A resilient constitution is one that, while remaining faithful to its fundamental principles and values, demonstrates the capacity to adapt to new circumstances, respond to crises, and renew itself in order to ensure continuity and survival. In this sense, constitutional resilience reflects both stability and flexibility, allowing the constitution to endure in the face of change. The study identifies several advantages of constitutional resilience, including the preservation of democracy and the rule of law, adaptability to evolving political and social realities, resistance to threats and challenges, and reinforcement of constitutional legitimacy. At the same time, resilience is not without risks. Potential disadvantages include the erosion of constitutional norms, the possibility of authoritarian capture, and excessive reliance on informal mechanisms rather than institutionalized safeguards. Furthermore, constitutional resilience is closely linked to the notion of democratic resilience, a relationship that this article examines in detail. The comparative experiences of different countries illustrate the diverse outcomes of constitutional resilience. In some aspects, constitutions have successfully withstood crises and are cited as positive examples of resilience. In others, however, the absence of resilience has undermined constitutional performance and led to failure. By presenting examples from both categories, this article highlights the importance of studying constitutional resilience as a means of deepening our understanding of the constitution itself. Understanding and theorizing this concept can help the constitution overcome the inevitable problems that arise along its path.
Keywords
constitutional resilience
constitution
amendment
democracy
Subjects
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Research and Development in Public Law
Volume 2, Issue 4 - Serial Number 4
February 2026
Pages 303-331