Constitutions as Totems and Illiberal Constitutionalism as Hyper-Totemism

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.

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Publication Details

Journal
Law Culture and the Humanities
Published
2026-03-11
DOI
https://doi.org/10.1177/17438721261426449
Primary Topic
Political Theology and Sovereignty
Type
article
Field-Weighted Citation Impact
0.00
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article

Constitutions as Totems and Illiberal Constitutionalism as Hyper-Totemism

Ana Van Liedekerke
Law Culture and the Humanities
Political Theology and Sovereignty
article

Constitutions as Totems and Illiberal Constitutionalism as Hyper-Totemism

Ana Van Liedekerke
article en

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.

Law Culture and the Humanities
KU Leuven (BE)
Peace, Justice and strong institutions
Openalex Percentile: Top 29%
Political Theology and Sovereignty
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