2011
DOI: 10.2139/ssrn.1807319
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Speaking in Name of the Constituent Power: The Spanish Constitutional Court and the New Catalan Estatut

Abstract: In June 2010 the Spanish Constitutional Court rendered a very important judgment on the constitutional legitimacy of the new fundamental charter (Estatut) of the Autonomous Community of Catalonia. Faced with a very long and ambitious legal document, the Court succeeded in not condemning as illegitimate most of its controversial provisions by means of interpretation consistent with the Constitution. Thus, those provisions aiming at 'constitutionalizing' Catalan identity have been widely neutralized or deprived … Show more

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“…A fourth member had died in 2008 and the Spanish Parliament had not appointed any successor. Meanwhile, a fifth member, judge Pablo Pérez Tremps, was disqualified from voting (Delledonne, , p. 5). Regarding the second point, commentators have noted that the Partido Popular not only voted against the new Statute but was also the one to challenge it on constitutional grounds via its appeal to the Constitutional Court.…”
Section: Discrete Events: the Catalan And Scottish Examplesmentioning
confidence: 99%
“…A fourth member had died in 2008 and the Spanish Parliament had not appointed any successor. Meanwhile, a fifth member, judge Pablo Pérez Tremps, was disqualified from voting (Delledonne, , p. 5). Regarding the second point, commentators have noted that the Partido Popular not only voted against the new Statute but was also the one to challenge it on constitutional grounds via its appeal to the Constitutional Court.…”
Section: Discrete Events: the Catalan And Scottish Examplesmentioning
confidence: 99%