Lawfare against linguistic model of the catalan education system (2010-2022)

Authors

Keywords:

lawfare, judicial creation of law, separation of powers, linguistic officialness, linguistic conflict.

Abstract

High courts have become Spanish nationalist right-wing’s main resource in order to gain what it cannot achieve by parliamentary ways. In the linguistic issue, after Constitutional Court Judgment no. 31/2010, Spanish Supreme Court and High Court of Justice in Catalonia launched a campaign against Catalan school system, which is based on Catalan as language of instruction. By doing so high courts usurped powers belonging to legislator and government, practicing what is also known as ‘lawfare’, and finally they achieve to invert the logic of separation of powers, by courts not applying current law, and Catalan legislator amending it because of judicial interference.

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Monogràfic