A FEDERAL REFORM OF THE CONSTITUTION: A PATH BETWEEN SECESSION AND THE FEAR OF MOVING FORWARD

Authors

  • Javier García Roca

Keywords:

Federal amendment of Constitution, State of the Autonomous Communities, Distribution of jurisdiction, Relations of cooperation, Resources of Autonomous Communities, Senate, Linguistic pluralism, Right to decide?

Abstract

There is a clear need to promptly reform the Constitution in a federal sense, both for technical and democratic reasons. But this task must be carried out slowly, following a regular constitutional procedure inspired by the principles of transparency, deliberation, the participation of minorities and independent experts’ expertise. We must close the Constitution inside the Constitution and not in a broad constitutionality block, learning from our experiences and seeking to repair the defects. We need to clarify our division of territorial jurisdiction, to better relations of cooperation, to introduce financial norms, to build an Autonomous Communities Council, to reach covenants in the use of languages and on the Spanish nation complexity. It will not be easy, but could be enough if we walk part of the way. There is no other path. Catalonia´s secession would be an expensive adventure and a long trip to no man´s land. Not to move, would be like committing a suicide, a serious irresponsibility

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Published

2020-06-19

How to Cite

García Roca, J. (2020). A FEDERAL REFORM OF THE CONSTITUTION: A PATH BETWEEN SECESSION AND THE FEAR OF MOVING FORWARD. Teoría & Derecho. Revista De Pensamiento jurídico, (19), 17–31. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/463