With the emergence of modern human rights in the Universal
Declaration, what remained of a radical political potential of the
discourse withdrew: statism and individualism became its authorised
foundations and the possibilities of other human rights traditions
were denied. The strife that once lay at the heart of human rights
was forgotten in an increasing juridification. This book seeks to
recover the radical political pole of human rights. It looks to the
debates surrounding constituent power - the 'power of the people' -
in order to understand different possibilities for the discourse.
Using continental political philosophy and critical legal theory,
Human Rights and Constituent Power presents a very different
conception of human rights, more at home on the riotous streets
than in courtrooms and parliaments.
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