Abstract
Basque and Catalan demands for legitimising political accommodation, solely on the basis of the democratic will of their residents, poses a significant challenge to the Spanish constitutional system. The core of the debate in this kind of conflict revolves around the so-called “right to decide” which commonly finds its expression in the capacity to hold a referendum over sovereignty matters. The path opened by Quebec, Scotland and other minority nations are considered by some to constitute evidence of the democratic need to include this right as a new accommodation formula. Incorporating a “sovereigntist proceeding” into the legal system(s) may pave the way to a new framework aimed at solving the significant constitutional problems that exist in Spain and other countries. I suggest that such a procedure could be incorporated and regulated in the existing legal systems and provide some guidelines that could be adopted when drafting the aforementioned regulation.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: International Journal on Minority and Group Rights
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
