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Referendum and Self-Determination in Catalonia
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Abstract
On 9 June 2017, the Government of Catalonia announced the celebration of a referendum on self-determination to be held on 1 October 2017. The Catalan call triggered a new political and legal quarrel with the Spanish Government that was inexorably opposed to recognising the right to self-determination of Catalonia. The political clash between the State and the autonomous community opened several questions on the use of a referendum on self-determination without authorisation from the State. This chapter scrutinises the Catalan referendum on independence, analysing in detail both the Spanish arguments to abort the voting (considered as an unconstitutional act that breached the rule of law and a criminal offense) and the Catalan thesis to hold the plebiscite (rooted in the democratic principle and the exercise of the human right of self-determination). The chapter critically analyses the legitimacy of secession referendums in constitutional democracies and their suitability for settling territorial disputes where national minorities are involved. The conclusion raises questions for future research on secession referendums.
Title: Referendum and Self-Determination in Catalonia
Description:
Abstract
On 9 June 2017, the Government of Catalonia announced the celebration of a referendum on self-determination to be held on 1 October 2017.
The Catalan call triggered a new political and legal quarrel with the Spanish Government that was inexorably opposed to recognising the right to self-determination of Catalonia.
The political clash between the State and the autonomous community opened several questions on the use of a referendum on self-determination without authorisation from the State.
This chapter scrutinises the Catalan referendum on independence, analysing in detail both the Spanish arguments to abort the voting (considered as an unconstitutional act that breached the rule of law and a criminal offense) and the Catalan thesis to hold the plebiscite (rooted in the democratic principle and the exercise of the human right of self-determination).
The chapter critically analyses the legitimacy of secession referendums in constitutional democracies and their suitability for settling territorial disputes where national minorities are involved.
The conclusion raises questions for future research on secession referendums.
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