The Catalan Process before the Spanish Constitutional Court

Authors

  • Josu De Miguel Bárcena

DOI:

https://doi.org/10.18042/cepc/redc.113.05

Keywords:

Constitutional Court, independence process, Catalonia, constituent power, territorial integrity.

Abstract

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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How to Cite

De Miguel Bárcena, J. (2018). The Catalan Process before the Spanish Constitutional Court. Revista Española De Derecho Constitucional, (113), 133–166. https://doi.org/10.18042/cepc/redc.113.05

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