The democratic principle and constitutional justification of the right to decide (DOI: 10.2436/20.3000.02.20)

Authors

  • Josep Maria Vilajosana Universitat Pompeu Fabra (UPF)

Keywords:

Right to decide, evolutive interpretation, liberal democracy, personal autonomy, inviolability, human dignity, dominion of the majorities

Abstract

In this article, the author defends the right to decide, meaning that holding a referendum on the political future of Catalonia is not banned by the Spanish Constitution (SC). The principal reason cited is that the principle of indissolubility (section 2.1 of the SC) and the principle of national sovereignty (section 1.2 of the SC) should be adequately balanced with the principles of liberal democracy (as defined in sections 1.1, 23.1, 9 and 10 of the SC). In light of this perspective, the article provides justification for two main aspects: 1) holding a referendum on Catalonia's independence on the grounds of an evolutive interpretation of democratic rights linked to a dense conception of democracy; and 2) holding a referendum exclusively in Catalonia, in order to avoid shifting from the principle of the majority to the dominion of the majorities.

Key words: right to decide, evolutive interpretation, liberal democracy, personal autonomy, inviolability, human dignity, dominion of the majorities

Original source: Revista d'Estudis Autonòmics i Federals, 19: 178-210 (2014)

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Issue

No. 4 (2014)

Section

Law

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