Speaking in Name of the Constituent Power: The Spanish Constitutional Court and the New Catalan Estatut

Perspectives on Federalism, Vol. 3, No. 1, 2011

14 Pages Posted: 11 Apr 2011

Date Written: April 8, 2011

Abstract

In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced with a very long and ambitious legal document, the Court succeeded in not condemning as illegitimate most of its controversial provisions by means of interpretation consistent with the Constitution. Thus, those provisions aiming at ‘constitutionalizing’ Catalan identity have been widely neutralized or deprived of their legal significance. By doing so, however, the Court has attracted widespread criticism, possibly paving the way for further conflicts.

Keywords: Spanish Constitutional Court, Estatut of Catalonia, Subnational Constitutionalism, Identity Clauses, Constituent Power, Fundamental Rights

Suggested Citation

Delledonne, Giacomo, Speaking in Name of the Constituent Power: The Spanish Constitutional Court and the New Catalan Estatut (April 8, 2011). Perspectives on Federalism, Vol. 3, No. 1, 2011. Available at SSRN: https://ssrn.com/abstract=1807319 or http://dx.doi.org/10.2139/ssrn.1807319

Giacomo Delledonne (Contact Author)

Scuola Superiore Sant'Anna, Pisa ( email )

Pisa
Italy

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