Global constitutionalism and human rights

Abstract

This paper analyzes the concept of global constitutionalism and its relationship with human rights. Firstly, it studies the concept of sovereignty and how it changed after the Second World War, to point out sovereignty does have a different meaning currently. Secondly, it refers to concepts of traditional and social constitutionalism studying how they were created for each historical moment. Thirdly, it studies the need of thinking on a global constitutionalism from global problems humanity faces, the constitutionalization of International Law of Human Rights and the ius cogens as peremptory norms to countries of the international community. Finally, it refers to the place of human rights in global constitutionalism being the engine that drives the universal idea of constitution as supra-state legal order.