In this contribution, I examine the relationship between the protection and promotion of human rights and the legitimacy of global governance institutions. In doing so, I sketch an account of legitimacy in critical dialogue with Buchanan and Keohane’s 2006 piece “The Legitimacy of Global Governance Institutions”. These authors, I argue, make a number of illustrative errors in setting out their own conception of the legitimacy of global governance institutions, which leads them to an incoherent position that gives misstates the role that human rights can play. In response, I argue for a conception of legitimacy for governance beyond the state that takes permissible action as primary; and I propose a new account of the normative force of actual individual consent in helping to establish legitimacy and vindicate democratic values, examining the interplay between consent and human rights.
|Title of host publication||The Struggle for Human Rights|
|Subtitle of host publication||Essays in honour of Philip Alston|
|Editors||Nehal Bhuta, Florian Hoffman, Sarah Knuckey, Frédéric Mégret, Margaret Satterthwaite|
|Publisher||Oxford University Press|
|Publication status||Published - 30 Sep 2021|