Constitutions as Totems and Illiberal Constitutionalism as Hyper-Totemism

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Authors: Ana Van Liedekerke
Cited by: 0

Abstract

This article examines the community-forming role of constitutions by interpreting them as totems, drawing on the work of James Frazer, Sigmund Freud, and Émile Durkheim. It identifies three dimensions of totemic trust: the constitution as a collective point of reference facilitating integration, as a link of transgenerational continuity, and as protection against existential threat. It then shows how this trust is sustained in a totemic way through the mechanisms of taboo and ritualization. Finally, this totemic framework is used to reconstruct the logic of illiberal constitutionalism as a form of hyper-totemism—a radicalization rather than an abuse of constitutional trust.

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Political Theology and Sovereignty Legal and Constitutional Studies

Publication details

Journal / source
Law Culture and the Humanities
Publication date
11 March 2026
Language
EN