The catalan process before the Spanish constitutional court

Josu De Miguel Bárcena

Research output: Contribution to journalArticleResearchpeer-review

3 Citations (Scopus)

Abstract

© 2018, Centro Estudios Politicos Constitucionales. All rights reserved. This paper aims to analyze the jurisprudence of the Constitutional Court on the Catalan independence process. Since the beginning of this process in 2012, the Court has made more than thirty pronouncements. This differentiates Spain from other constitutional models where secessionist problems have also occurred. The Court‘s arguments range from a position of openness (STC 42/2014), where the intention was to create a constitutional framework for the development of the right to decide, to less compromising positions, as a consequence of the unilateral nature of the separatist process. It is also remarkable the few variations that its doctrine has suffered in key aspects such as the limits to the constitutional reform or the obligations derived from the constitutional loyalty.
Original languageEnglish
Pages (from-to)133-166
JournalRevista Espanola de Derecho Constitucional
Issue number113
DOIs
Publication statusPublished - 1 May 2018

Keywords

  • Catalonia
  • Constituent power
  • Constitutional Court
  • Independence process
  • Territorial integrity

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