Theory of Constitutional Disharmony: Exploring the Causes and Effects of Constitutional Transformations

The article centers on the theory of constitutional disharmony developed by Gary J. Jacobsohn. The first section examines the concept of constitutional disharmony itself and its significance in explaining constitutional transformations. From Gary J. Jacobsohn’s perspective, constitutional disharmonies serve as an internal drivers for the development of constitutional identity. He distinguishes two types of disharmony: internal, which includes contradictions within the constitution; and external, which encompasses disparities between constitutional norms and social or political realities. His approach combines elements of classical dialectics with legal realism, viewing contradictions as a driving mechanism for constitutional evolution. Jacobsohn’s theory aligns with realistic perspectives on law, emphasizing the importance of analyzing contradictions and gaps in positive law. The article provides specific examples of different types of disharmony, with particular attention to conflicts at the level of “Social Order vs. Constitution”. This analysis addresses a crucial question in constitutionalism: how well does a given constitutional model align with its social environment? A critical assessment reveals that various factors – such as the complexity of state structures and processes of international and European integration – can intensify both internal and external constitutional disharmonies. The second part of the article explores the place and role of constitutional disharmony within the context of Russian constitutional reforms. It includes an analysis of mass consciousness through data from World Values Survey, which enhances the relevance and the applicability of the findings to contemporary realities. This work proposes a useful approach to studying constitutional changes by integrating legal analysis with insights from sociology and political science, opening new avenues for understanding the nature and dynamics of constitutional systems.

Keywords: constitutional disharmony; constitutional dynamics; constitutional values; incrementalism; constitution and social order; disharmonies in the Constitution of the Russian Federation