Sobre el proceso soberanista abierto en Catalunya y su Encaje Constitucional

In: Eunomia; Anno II n.s., n. 1, 2013; 7-24 ; Eunomia. Rivista semestrale di Storia e Politica Internazionali; Anno II n.s., n. 1, 2013; 7-24

Abstract

This article maintains a concept of democratic constitution that is opposed to the inquisitorial and totalitarian constitution. The supreme norms of the Constitution cannot become an element to prohibit any initiative of a "part" to be converted into a "whole" when the constitutional reform is impossible to be carried out. On the other hand, in the sovereignist catalan process, there is a political conflict and the Constitutional Court becomes an element of the political decision to suspend a parliamentary declaration that considered the Catalan people sovereign political subject, with no legal effect. Confusing politics and law is especially serious because it helps to forget the great responsibility of rulers, which is promising to give intelligent answers to citizenship. In a democratic system, metaphysics cannot be imposed constitutional popular will. The misunderstanding of the "madrileñismo politico" is dangerous because it exacerbates a latent problem in the history of Spain, which is producing a shock of legitimacy and emotions.