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<p>This paper proposes a theoretical framework rooted in constitutional evolutionary economics to explain the divergence between formal and effective constitutional norms. It introduces the concept of normative elasticity as a key variable influencing the survival and adaptability of constitutional provisions over time. Using a non-empirical, model-based approach, the study develops a dynamic selection theory that accounts for institutional pressures, environmental shocks, and strategic behavior by political actors. Through six analytically coherent sections, it demonstrates how elasticity, interpretive stability, and institutional bandwidth shape the resilience or obsolescence of legal norms. The paper contributes to interdisciplinary scholarship by offering a structured theory of constitutional adaptation grounded in evolutionary dynamics and complex systems theory.</p>

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Elasticity and survival: a constitutional evolutionary economics perspective on the divergence between formal and effective norms

  • 期刊论文

  • 发表日期：

    2026年1月21日

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  • Massimiliano Marletta,
  • Gaia Taiani

摘要

This paper proposes a theoretical framework rooted in constitutional evolutionary economics to explain the divergence between formal and effective constitutional norms. It introduces the concept of normative elasticity as a key variable influencing the survival and adaptability of constitutional provisions over time. Using a non-empirical, model-based approach, the study develops a dynamic selection theory that accounts for institutional pressures, environmental shocks, and strategic behavior by political actors. Through six analytically coherent sections, it demonstrates how elasticity, interpretive stability, and institutional bandwidth shape the resilience or obsolescence of legal norms. The paper contributes to interdisciplinary scholarship by offering a structured theory of constitutional adaptation grounded in evolutionary dynamics and complex systems theory.