By Telos Press · Tuesday, July 13, 2021 In today’s episode of the Telos Press Podcast, David Pan talks with Adam K. Webb about his article “Supranational Governance and the Problem of the ‘Dignified Constitution,’” from Telos 195 (Summer 2021). An excerpt of the article appears here. Their discussion covers a range of topics, including the difference between the dignified constitution and the efficient constitution, the lack of a dignified constitution in supranational institutions like the EU and the UN, the domination of these institutions by the new class elite, the possibility of a global demos, the opposition of dignified constitutions to technocratic views of government, the insularity of some traditionalist arguments, and the current prospects for a broad global coalition. If your university has an online subscription to Telos, you can read the full article at the Telos Online website. For non-subscribers, learn how your university can begin a subscription to Telos at our library recommendation page. Print copies of Telos 195 are available for purchase in our online store.
Listen to the podcast here.
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By David Pan · Friday, June 18, 2021 Telos 195 (Summer 2021): Global Perspectives on Constitutionalism and Populism is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.
 After watching the images of the January 6 Capitol riot, many Americans concluded that right-wing populism threatens the basic rules of our constitutional order. In this view, the U.S. Constitution establishes a universal order that is detached from any particular orientation and provides the neutral ground upon which differences can be discussed, while populists upset the rules of discussion and destroy the basis of a common project. Consequently, since populism is at odds with the Constitution, the solution would be to try to reimpose a measure of rationality upon the unruly. Yet the nagging concern behind this perspective is not just the violation of rules but the suspicion that populism is ultimately motivated by racism and sexism. In this case, the real opposition would not be between constitutionalism and populism but between two understandings of the Constitution, that is, two conceptions of the character of the people, one egalitarian and the other racist. The difficulty is that the laws of a constitution cannot exist independently of a people with a specific history. Rules cannot be neutral but imply a perspective on the world, and the conflict between constitutionalism and populism may in fact be a symptom of a conflict between two factions within the people, each of which is attempting to establish itself as the proper representation of the will of the people as a whole.
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By Russell A. Berman · Wednesday, August 26, 2020 The following essay comments on the interview with Hans-Georg Maaßen conducted by Moritz Schwarz and published in Junge Freiheit on August 14, 2020. An English translation of the interview appears here.
In the wake of the opening of the Berlin Wall and the collapse of the Soviet Union, it appeared that liberal democracy was on an inexorable victory march around the world. The Soviet satellite states threw off their Communist shackles, and the occupied Baltics regained their independence. Even Russia seemed briefly to be lurching toward modern governance structures, and the Central Asian states, the “stans,” claimed their own sovereignty (if only, often as not, to revert to indigenous forms of authoritarianism). The age of Latin American dictatorships belonged to the past, certainly in the southern cone and in Brazil, although not in Venezuela and Cuba. The last aftershocks of that democratic optimism informed the hope that toppling Saddam Hussein in Iraq would set off a similar democracy wave in the Middle East; no doubt the demonstration of the vulnerability of the dictator in Baghdad set the stage for the Arab Spring of 2011, another burst of hope.
That Arab Spring of hope gave way to a new winter in the Middle East and not only there. The wave of democracy has been followed by a wave of repression. Perhaps one should have paid more attention in 1989, which not only witnessed the November celebration in Berlin but also the bloody June in Beijing, where the democracy movement at Tiananmen was murdered by the Communist Party and its tanks. It was wrong to assume that the formal end of the Soviet Union meant the end of Communism altogether or that Communist agitation would cease to undermine free societies. That old mole continues to burrow.
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By Andrey N. Medushevsky · Thursday, January 2, 2020 Andrey N. Medushevsky’s “Law and Revolution: The Impact of Soviet Legitimacy on Post-Soviet Constitutional Transformation” appears in Telos 189 (Winter 2019), a special issue on constitutional theory. Read the full article at the Telos Online website, or purchase a print copy of the issue in our online store. Individual subscriptions to Telos are available in both print and online formats.
 The systematic investigation of the Russian revolutionary tradition in comparative, historical, and functional perspective provides the opportunity to understand its impact on the creation of the modern world and the contemporary social and political system. This article discusses the meaning, formation, and evolution of the Soviet project—the concept and practice of social and legal reorganization in Russia inspired by Marxist philosophical ideas and fulfilled during the period from the Bolshevik Revolution of 1917 until the collapse of the Soviet regime in 1991. Employing a cognitive theoretical approach in historical studies, the author examines the role of Communist myth in the formation of the Soviet state, the ideological and legal grounds of one-party dictatorship, the nature of nominal constitutionalism, and the role of institutional continuity in the formation of the current political system. He shows the place of the permanent grounds (ideology, nominal constitutionalism, and dictatorial impetus) as well as the place of changing parameters of the project (Soviet, federative, and class-oriented regulation) regarding their formal and informal influence on the political regime’s legitimacy and the cumulative impact on the system’s transformation and failure. In this context, the author discusses the evolution of the legitimating formula of the political regime from Tsarist times to the collapse of the Soviet regime, as represented in ideological programmatic, nominal Soviet constitutionalism (1918, 1924, 1936, and 1977 Soviet constitutions) and changing practices of the social mobilization. That makes possible the general evaluation of the revolutionary heritage and its influence on the current post-Soviet ideological priorities, political system, legal transformation, and prospects for its modernization.
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By Xudong Zhang and David Pan · Monday, December 16, 2019 Telos 189 (Winter 2019), a special issue on Constitutional Theory as Cultural Problem, edited by Xudong Zhang and David Pan, is now available for purchase in our store. Individual subscriptions to Telos are also available in both print and online formats.
 The challenges faced by the liberal democratic model of government in the twenty-first century have made constitutional theory into an urgent topic of global concern. Both the second Iraq war and the revolutions of the Arab Spring frustrated hopes of an easy global trajectory toward liberal democracy. If there was the hope that liberation would mean the establishment of liberal constitutional norms, the result has been that emancipation from tyranny does not naturally lead in a particular political direction. Meanwhile, established liberal democracies, from the United States to Europe to India, are facing upheavals that have prompted many to question the stability of the model itself, leading to the need to revise a constitutional theory that up to now has been built around the liberal democratic model. While the constitutional state, as theory and practice in modern Europe, North America, and Asia, continues to be the common point of reference, its stability and legitimacy can no longer be taken for granted, thus requiring renewed thinking about its history and cultural foundations.
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