Conference Contribution Details
Mandatory Fields
Yahyaoui Krivenko, Ekaterina
Lecture Series of the Human Rights Discussion Group of the Max-Planck Institute for Comparative Public Law and International Law
Interrogating Human Rights and Global Constitutionalism
Heidelberg, Germany
Non Refereed Paper/Abstract Presented at Conference
Optional Fields
17-NOV-16
17-NOV-16
Any discussion of global constitutionalism implicates human rights to some degree. For many, human rights even represent the ultimate proof of constitutionalisation tendencies at the global level. However, precisely how human rights function at the global level, whether they do action mechanisms for the protection of individuals and the promotion of their well-being or serve some other goals remains under-examined. This study tackles these issues. It argues that in the current state of international law it is difficult to provide one single answer to the question of functioning of human rights. However, all possible answers point out that human rights do function differently from fundamental rights in domestic settings and that human rights do not function to protect individuals, although they do occasionally and peripherally provide some protection to some individuals. Therefore, the future of the global constitutionalist project needs to be sought elsewhere. In order to provide some possible avenues for realisation of goals promoted by global constitutionalism, the study looks for inspiration into the functioning of societies in ancient Greece and early Islam. It describes some paradigms present in these societies that could orient future long-term development of the global towards the goals traditionally pursued under the heading of global constitutionalism.
Publication Themes