Rethinking Human Rights and Global Constitutionalism From Inclusion to Belonging

Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.

Introduction; 1. Paradigms of global constitutionalism; 2. Mechanisms and modalities of human rights in global constitutionalism; 3. The other of human rights and global constitutionalism; 4. From inclusion to belonging.

Ekaterina Yahyaoui Krivenko is a lecturer at the Irish Centre for Human Rights, School of Law, National University of Ireland, Galway, with expertise in gender, migration, and theoretical approaches to global ordering. In 2016 she received the National University of Ireland, Galway President's award for research excellence. She acted as an independent expert for the EU Horizon2020 Programme.