El proceso soberanista ante el Tribunal Constitucional
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 a...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6552240 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 38, Nº 113, 2018, pags. 133-166 |
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| Summary: |
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. |
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