Claude Lefort in the age of the total constitution

Abstract In contradistinction to totalitarianism, Claude Lefort theorised a democratic form of society as one primarily characterised by indeterminacy, absence of ground, and by extension openness to the event. In maintaining this form of society, Lefort reserved a key role for human rights. The aims of this paper are twofold: first, I argue that, despite the fact that Lefort never developed a theory of constitutions, an important role can nonetheless be ascribed to them. I hypothesise constitutions to be key in democratic society’s symbolic representation of itself to itself. Second, I then examine what the repercussions are for this idea when Martin Loughlin’s account of constitutionalism is taken into account. Loughlin’s argument suggests that, while constitutions may have been important safeguards against totalitarianism, constitutions today threaten to become total themselves. I conclude by indicating the populist response as a point of convergence between Lefort’s and Loughlin’s analyses.