15 November 2017

Politico: To solve Catalonia, Spain needs a new constitution

The constitution approved in 1978 reflects the compromises made by each of these parties. It was an ambiguous and rhetorical text, but it was also sufficiently balanced to provide some degree of institutional stability for almost 40 years. [...]

In recent years, Catalan separatism has grown considerably in reaction to encroaching state centralism. But the ceiling of pro-independence support seems to have stabilized at 50 percent of votes — enough to proclaim an independent state, but insufficient to legitimize or make it viable, especially considering the hostility of a significant minority of Catalans and a large majority of Spaniards.

On the other hand, Spanish nationalism — disguised as constitutional patriotism — is increasingly vocal in its push to turn Spain into a unitary state resembling France. But history shows that a centralized Spain can only be sustained under an authoritarian regime that would place the country outside the democratic norms of the European Union. [...]

The recognition of the right to self-determination should be accompanied by a law of clarity — along the lines of the 2000 Clarity Act of Canada — that makes it difficult in practice to secede. It could demand, for example, that an independence referendum must obtain two-thirds of the votes or a majority of the census before the territory in question can effectively become independent.  

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