[lg policy] Law and Legitimacy: The denial of the Catalan voice [also mentions Canada, UK]

[Dave Sayers]

This might not have been published in a place that's on list members' normal radars, 
but might still be of interest:

"Both Scotland and Catalonia are intending to hold independence referenda in 2014 but 
that is effectively where the similarity ends; there are contrasting legal contexts 
and differing routes to negotiate in order to achieve respective independence; each 
is subject to the constitutional arrangements of the political state in which it is 
currently incorporated; and the response of the state in each case has been markedly 
different. This article explores those differences and recent experiences concerning 
holding a referendum. In particular the judgement of the Supreme Court of Canada 
(SCC) regarding the secession of Quebec2 from Canada is discussed and applied to 
Scotland and Catalonia. What emerges from the exploration is the contention that for 
a process (or the absence of process) to be legitimate there must be application of 
underlying principles (or foundational constitutional principles, as described by the 
SCC) and that in Spain’s case that application is currently deficient."

Full PDF here: http://goo.gl/8AzbWi


Dave

--
Dr. Dave Sayers
Senior Lecturer, Dept Humanities, Sheffield Hallam University, UK
Honorary Research Fellow, Arts & Humanities, Swansea University, UK
dave.sayers at cantab.net
http://swansea.academia.edu/DaveSayers
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