Law and Legitimacy: The denial of the Catalan voice [also mentions Canada, UK]
Dave Sayers
dave.sayers at CANTAB.NET
Tue Jan 21 14:44:09 UTC 2014
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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