El proceso independentista de Cataluña y la doctrina jurisprudencial: una visión sistemática
This article realizes a systematic organization and analysis of the decisions taken by the Spanish Constitutional Court concerning the measures adopted by the Generalitat of Catalonia conducive to the attainment of independence by this Autonomous Community since 2013. The decisions analyzed here are...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5497187 |
| Source: | Teoría y realidad constitucional, ISSN 1139-5583, Nº 37, 2016 (Ejemplar dedicado a: La cuestión catalana), pags. 187-220 |
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| Summary: |
This article realizes a systematic organization and analysis of the decisions taken by the
Spanish Constitutional Court concerning the measures adopted by the Generalitat of Catalonia conducive to
the attainment of independence by this Autonomous Community since 2013. The decisions analyzed here are
final judgements and procedural judicial orders that have established relevant constitutional jurisprudence, as
much on substantial issues directly affected by the Catalonian independence process — the sovereignty of the
Spanish nation, the primacy of the Constitution, the referendum — as on other peripheral issues. The Constitutional Court concludes that neither the mentioned activities of the Generalitat of Catalonia conducive to the
attainment of independence by this Autonomous Community, nor the legal instruments used so far for this
purpose may be accepted within the framework of the Spanish Constitution of 1978 and the Statute of Autonomy of Catalonia, which is a constitutional offspring. |
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