Comparing constitutional adjudication of self-determination claims

Abstract

The judicial resolution of claims of self-determination by national courts is still exceptional, but rulings seem to be increasing. This paper aims to compare the adjudication of claims of self-determination by constitutional or supreme courts. It will look at three judicial pronouncements from three jurisdictions: the Judgment of the Constitutional Court of the Russian Federation concerning the sovereignty of Tatarstan (1992), the Opinion of the Canadian Supreme Court concerning the secession of Quebec (1998), and the Judgment of the Spanish Constitutional Court concerning the declaration of sovereignty of the Parliament of Catalonia (2014). The paper will draw parallels in the way constitutional or supreme courts have tackled the tension between democracy and constitutionalism.