A RETURN TO THE CONSTITUTIONALITY

Abstract

The article stresses that the Catalan independence proposal and its rejection of the Constitution of 1978, remember a historic constitutional conflict in Spain since 1812: the question of sovereignty. In this regard, the sharing of sovereignty originally unconditional and single, to give birth a new state, is only conceivable operation in extreme cases do not arise in the European advanced democracies. The author rejects the model of political decentralization in Spain is a form of incomplete or weakened federal state. On the other hand, it argues that a future reform of the Constitution could provide intangibility clause referring to the territorial organization of the State, and in relation to the possibility of a self-determination referendum held in Catalonia, is held to be constitutionally possible, but limited to their territory, so that citizens ratify a new statute. If other type of referendum, regardless of the powers of the citizens of a single territory, the territorial referendum should be simultaneous with other statewide