Cooperation or frustration. Concurrent national minorities: The Spanish case

Authors

  • Elia Marzal Yetano Facultad de Derecho-ESADE

DOI:

https://doi.org/10.18042/cepc/rep.192.05

Abstract

Heterogeneous States are built on the difficult balance between unity (in the identification of the sovereign) and diversity (due to the existence of structural minorities), which interferes with the (democratic) majority rule in decision-making processes. This question is here analysed from the perspective of liberal democracy, which protects pluralism but also formal equality among citizens, thus hindering the consideration of their substantial features and the recognition of minorities. This work defends the protection of minorities although with the limit imposed by pluralism (the possibility of other minorities), in order to avoid that liberal democracy becomes one based on identity. From this theoretical framework, this article studies the Spanish case (its constitutional recognition of diversity and its consequent adaptation of the majority rule). It argues that although the Constitution declares the heterogeneous character of the State, it does not solve the contradictions implied in it.

Published

2021-06-14

Issue

Section

ARTICLES