Human rights and global constitutionalism
Abstract
This thesis examines the contributions to the global constitutional process made by the
human rights machinery of the United Nations. To do this, it considers the philosophical and
theoretical positions related to understanding constitutionalism either as government or as
governance. This contrast is then used to help develop the idea of the constitutional process,
which is followed by a translation of these ideas into the international realm. Subsequently, it
examines the United Nations Human Rights Council from the perspective of a polycentric
international society. This is then followed by an examination of the Office of the United
Nations High Commissioner for Human Rights from a cosmopolitan perspective. Ultimately,
it is concluded that, whilst the existing contributions made by these organs are seemingly
negligible, the particular theoretical approach undertaken is successful in highlighting certain
opportunities for reforms that have hitherto been unexamined.
Type
Thesis, PhD Doctor of Philosophy
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