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.