Dados is one of the most widely-read social sciences journals in Latin America. Created in 1966, it publishes innovative works, originating from academic research, by Brazilian and foreign authors. Edited by IESP-UERJ, it aims to reconcile scientific rigor and academic excellence with an emphasis on public debate based on the analysis of substantive issues of society and politics.
Dados vol. 57 n. 4 Rio de Janeiro out./dez. 2014
Abstract
This article engages with the ongoing debate in political theory and constitutional theory regarding the issues that arise from the constitutionalization of regulatory transnational and supranational regimes from the perspective of a social systems theory. Particularly, it focuses on the fragmentation of law and its effect on the exercise of power which in turn leads to new forms of private authority and political clasheswhich cannot be solved through traditional mechanisms of national constitutionalism. The article concludes claiming that fragmented law is at odds with the modern imperatives of social inclusion.
Keywords: trans-nationalization, fragmentation of law, global constitutionalism, social inclusion
Constitutionalism between Fragmentation and Privatization: Arising Issues in Law and Politics in the Era of Global Governance
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