Myths and Realities of Secessionisms: A Constitutional Approach to the Catalonian Crisis

ISBN-13: 9783030116316 / Angielski / Twarda / 2019 / 125 str.

Miguel Beltran De Felipe

Recenzje

"Professor Beltrán has written a deep and interesting book about the so-called Catalan secessionist process, in which complicated deep constitutional and political questions are ingratiated. ... It can be valuable for academics looking for patterns in the complicated world of nationalism and constitutionalism, but also for non-academic audiences interested in a well-written and challenging book on one of the most candent topics in modern Europe: an unprecedented attempt of secession in an occidental democratic country." (Javier Padilla Moreno-Torres, European Public Law, Vol. 26 (2), 2020)

Spis treści

CHAPTER 1. HISTORICAL AND CONSTITUTIONAL BACKGROUND: AN ACCOUNT OF THE CATALAN SECESSIONIST PROCESS

1. Brief historical overview

2. Constitutional background: Spain as a quasi-federal polity

3. The origins of the conflict: the “Estatuto” (2006) and the judgment of the Constitutional Court (2010)

4. The uncertain path to independence and the explosion of the crisis (2012-2014): vindicating the “right to decide”

5. The “plebiscitarian” regional elections of September 2015: victories and defeats

6. Insurrection and reaction (2016-2018): the referendum, the declaration of independence and the emergency intervention of the national government

7. Why?

References

CHAPTER 2. CONSTITUTIONAL AND COMPARATIVE ANALYSIS OF THE CATALAN SECESSIONIST PROCESS

1. Secession under international law: self-determination and the so called “remedial secession”

2. A first comparative approach: the main foreign precedents of a referendum on independence

2.1. Canada, Québec and the Clarity Act 2000

2.2. The UK, Scotland and the 2014 referendum

2.3. Can Québec and Scotland be considered valid precedents for Catalan authorities’ attempt to hold a referendum on independence?

3. A second comparative approach: two recent attempts of referenda on independence in Europe blocked by constitutional courts

3.1 Germany and Bavaria

3.2 Italy and Veneto

3.3 Are Veneto and Bavaria comparable to Catalonia?

4. The constitutional situation in Spain (according to the Constitutional Court)

5. The European question

CHAPTER 3. PARADOXES, MISTAKES, AND POSSIBLE STEPS TOWARDS AN APPEASED SOLUTION

1. Some paradoxes

2. Playing with law and politics

3. Relevant mistakes committed by both sides

4. Secession and democracy

5. Is there a way out?

5.1 The need for dialogue and mutual recognition

5.2 The viability of constitutional reform(s) and the possible acknowledgement of the plurinationality of Spain

5.3 Is there really no space for some kind of agreed referendum?

6. Final reflections

O autorze

Miguel Beltrán de Felipe is Professor of Law at the University of Castilla-La Mancha, Spain. He previously served as a law clerk in the Constitutional Court of Spain, as APSA-Fulbright Congressional Fellow in the House of Representatives of the US, and as a legal counsel for the Secretary of State for Parliamentary Affairs of Spain.

Blurb

‘When it comes to the Catalonia question any three persons will have four different views. This volume, slim in size but rich in content, soberly helps navigate the critical legal issues underlying the dispute.’

– Joseph H.H. Weiler, New York University, USA

‘Miguel Beltrán de Felipe explains critically but unprejudicedly the evolution of the Catalan secessionist movement, and the constitutional problems it has raised in recent years. He discusses the normative issues with honesty and objectivity, and sheds light on them through the lenses of comparative constitutional law.’

– Victor Ferreres Comella, Pompeu Fabra University, Spain, and University of Texas at Austin, USA

‘Secession has become a worldwide issue. This book captures the essence of the Catalonian secessionist process and analyses its constitutional, international and comparative aspects in light of current myths on the nation and on sovereignty. This work deserves a place of honour in the contemporary debate on the State, from both the national and the global point of view.’

– Sabino Cassese, Emeritus Justice of the Italian Constitutional Court, and Emeritus Professor of the Scuola Normale Superiore of Pisa, Italy

‘Beltrán de Felipe has produced both a clear and fluent account of the struggle between Catalonia and the Spanish state on the issue of independence, and a deeply thoughtful reflection on what he sees as fundamental flaws in the actions both of the Catalan independence movement and the government in Madrid.’

– John Lloyd, The Financial Times

‘Identity, secession and democracy. This is the complex background of this book which offers a balanced vision of the territorial conflict initiated by Catalonian secessionists in democratic Spain. A succinct but comprehensive, intense essay on the limits of law and politics.’

– Francisco Caamaño, A Coruña University, Spain, former Secretary of State for Parliamentary Affairs and former Minister of Justice, Spain

This book provides a comprehensive overview of the Catalonian crisis in Spain from a historical, political and legal perspective. Using the precedents of Québec and Scotland, the author highlights some of the key issues of secessionist nationalism relating to sovereignty, referenda, democracy and constitutional amendments.

Miguel Beltrán de Felipe is is Professor of Law at the University of Castilla-La Mancha, Spain. He previously served as a law clerk in the Constitutional Court of Spain, and as counsel for the Secretary of State for Parliamentary Affairs, Spain."