The restoration of the Generalitat and the second transitional disposition of the spanish Constitution: an exploration of the historical rights of the catalan nation and its implications

Abstract

The process that aims to carry out the right to decide of the citizens of Catalonia in relation to their political future has entered in recent years a situation of stagnation as a result of the inability of the Spanish constitutional system to integrate the demands for recognition that have arisen from it. In this context, it is necessary to explore alternative conceptual frameworks to solve the issue related to the constitutional position of Catalonia, so that a political negotiation can be opened in relation to this issue. The historical rights, included in the Statute of Autonomy of Catalonia following the recognition of self-government since the constituent moment of April 14th 1931, allow to build a scenario of understanding to shift the political conflict and establish lines of solution based on the integration into the Spanish Constitution of the existence in Catalonia of a previous original desire for self-government, conveniently recognized with the restoration of the Generalitat. The present paper develops the implementation of the category of historical rights in the case of Catalonia and its articulation as the historical foundation of the present regime of self-government, in order to explore its validity in the configuration of a negotiation space that allows to overcome the current deadlock in relation to the constitutional situation of Catalonia.