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.
trans-nationalization; fragmentation of law; global constitutionalism; social inclusion