"This article analyses, from a constitutionalism perspective, the ubiquitous ‘due-diligence human rights framework' that aims to hold multi-national corporations accountable for the decent work deficits in their supply chains. The analysis draws on the theories of three scholars: Gunther Teubner, Ruth Dukes and Nancy Fraser. The article's objectives are three-fold. First, the analysis illustrates the value of Dukes' idea of a global labour law constitution, augmented by Fraser's theory of justice, as an analytic to identify who is excluded from participating, and the implications of their exclusion. Second, the article makes a theoretical contribution to debates on constitutionalizing labour rights in a post Wesphalian world, using outworkers/homeworkers to ground the discussion. Finally, it is hoped that the article will contribute to the social, and ultimately the legal recognition of homework as legitimate work. "

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