Preamble :
First of all, I think it’s important to introduce myself so that you can understand both why I take this point of view and what potential biases I might have as I write this text. I am currently a third-year public law student in France, where I mainly study state organization, international relations, and constitutional law. I am also passionate about understanding blockchain systems, and for the past few years, I have been particularly involved in studying the Cosmos Hub. I have built a solid foundation for analyzing the strengths and weaknesses of the new Cosmos Hub models, especially with projects like Hydro, Forge, and the various levels of the PSS that form ICS. On the same topic as what we will discuss today, I have developed an idea that I continue to refine privately, and an older version is available on the cosmos hub forum. I believe this information will give you an idea of the legitimacy I have, but also my limitations, in addressing the topics to follow. That said, I am not the focus of this post, so let’s get back to the topic at hand!
Introduction:
The purpose of this introduction is to demonstrate that the Cosmos Hub stands out from other blockchains. Why? In my view, it’s not a matter of technology or speed. The Hub positions itself within its ecosystem as a state-like governance framework in the broader world of IBC. It is one of the first forms of political organization within this larger ecosystem. This idea is reinforced by the Hub’s open governance (perhaps too open?). While other IBC blockchains also have a governance module, the Hub uses it in a relatively neutral manner, allowing political actors to express their vision to optimize, reduce, or regulate the future free market of the PSS.
From an economic perspective, a state provides private entities with a legal, administrative, and regulatory framework for conducting their business in a defined territory. The Cosmos Hub offers the same with ICS and its derivatives. For instance, if a service wishes to use this territory for a purpose of public interest, it can partially align with the Hub by using a PSS Top N chain. Conversely, if the service is purely private and profit-oriented, it can opt for a more flexible form of PSS, choosing its validation partners via Opt-in. It is important to note here that validators occupy a central role in this system, managing both public infrastructure and private actors. This duality, unique to the Hub, deserves further exploration. Ultimately, it’s easy to draw a parallel between the Cosmos Hub and the functioning of modern states. This point, though only briefly touched on here, could be the subject of an entire thesis.
It is important to understand that as the Hub increasingly resembles a state, it may require a structure close to a formal state organization.
Let’s now focus on the issue at hand: Why does the Cosmos Hub need a constitution?
Historically, state constitutions have often had two objectives: on the one hand, to organize the legal framework by defining the regime of laws, the powers of the government, and the judiciary; and on the other hand, to protect fundamental rights derived from natural law and guaranteed by the constitution.
I: A Constitution for the Hub’s Organization
Here, it is necessary to first study the content of state constitutions regarding their institutions (A) before applying it to the Cosmos Hub (B).
A: The Foundations of State Institutions in a Constitution
A constitution’s primary objective is to define the role of the various institutional bodies that hold the powers of the state. It thus delineates the legislative, executive, and judicial powers. This division of powers is classically associated with the system of “checks and balances,” aimed at limiting the concentration of power in a single body. If you wish to delve deeper into this topic, I recommend the works of Montesquieu and John Locke. Moreover, the constitution provides for the procedures for revising the text and constitutional review, with a jurisdiction capable of declaring a law or government act unconstitutional. A good example is the French Constitutional Council, which prevents the intrusion of law into the executive’s competencies, and vice versa (Articles 34 and 37 of the French Constitution).
Now that the usefulness of a constitution in terms of institutions is understood in theory, let’s see how these principles can be applied to the Cosmos Hub.
B: Application to the Cosmos Hub
The Cosmos Hub already has, although informally, a division of powers. The current governance can be considered the legislative power, while initiatives like Informal or AADAO play an executive role, offering services directly to governance. These entities can be compared to ministries, with specific objectives legitimized by governance. As for the judiciary branch, it is more difficult to identify. Nevertheless, open-source code and the inherent transparency of blockchain guarantee, in principle, the impartiality of transactions. However, certain mechanisms, such as the ability of validators to vote on behalf of those who do not vote, raise questions. Is this necessary? I’ll let you think about it. Similarly, it may be time to formalize the powers of each influential entity within the Hub through a constitution, clarifying their roles and respective checks.
Having studied the need for a constitution for the institutional organization of the Hub, we must now examine another essential aspect: the protection of fundamental rights.
II: Fundamental Rights, Inviolable Principles
To address this issue, we must first study fundamental rights in state constitutions (A) before drawing parallels with the Cosmos Hub (B).
A: Fundamental Rights in Constitutions
Many states enshrine fundamental rights in their constitutions. The definition of these rights can be complex, as some rights sometimes conflict with one another. According to my personal view, fundamental rights arise from a natural logic broadly accepted by the population. Once enshrined in the constitution, these rights enjoy superior protection, preventing the legislature from challenging them. Among the most well-known universal principles are human dignity, freedom of expression, and freedom to conduct business. To explore this topic further, I encourage you to read constitutions like that of Germany, which is an excellent example.
But what is the link between these fundamental rights and the Cosmos Hub? This is what I will attempt to clarify in the following section.
B: The Cosmos Hub and the Need for a Guiding Principle
If, for a state, the constitution is guided by fundamental rights derived from natural law, the Cosmos Hub must also have its own guiding principle. With the advent of ICS and PSS, the Hub is beginning to take on a fundamental, almost natural role, based on validation for others and the management of clear public service. The Cosmos Hub must maintain the competitiveness of its set of validators and ensure free competition while preserving decentralization. Concepts such as “decentralization” and “free competition” should be included in the constitution I propose. Additionally, these rights should be protected by a constitutional review of the acts adopted by the Hub’s institutions.
Conclusion:
With the arrival of PSS, Forge, Hydro, and new services, as well as Informal’s departure, the Cosmos Hub, in my view, needs to establish its first constitution. This would allow it to organize its future institutions while also setting a clear guiding principle. The protection of validators’ and stakers’ rights currently relies on simple governance, without a clear separation of powers and without a formal text defining the limits of each entity. It is now necessary to work on drafting a constitution that could be written by a constituent assembly. My role ends here, but I am convinced that the creation of strong institutions would help the Hub maintain a relative and controlled “democracy” while reinforcing trust and security for future consumer chains.
Thank you for your attention!
(the original French post is available here)
