ABSTRACT

This chapter defends human rights not from a liberal cosmopolitan position but from a global constitutional one. Though some work in global constitutionalism has made a defence of rights from a broadly cosmopolitan position, the chapter instead argues that a truly global constitutional order with rights at its heart requires a robust constituent power as the basis by which such rights can be defended. The chapter proposes a theory of global constituent power and how human rights play an important role in the co-constitution of the global constitutional order in which rights are central. It also proposes one particular set of practices that both rely on a global constitutional order but also seek to push and prod it forward into new and unexpected directions. In so doing, those engaged in these practices provide a hope for a new version of human rights, one that is co-constitutive with the existing order.