The Legality and Constitutionality of the 2017 Catalan Independence Referendum

This is a very emotional issue, and therefore all those emotionally involved will react based on their desire to justify the outcome they want. Let’s try to be logical about it...

The Role of the Spanish Constitution

The Spanish Constitution of 1978 asserts that Spain is indivisible. This principle, which emphasizes the unity of the country, is a fundamental aspect of its legal framework. However, it's important to note that constitutions can be amended. They have been throughout history and will continue to be in the future. This means that the indivisibility clause is not unchangeable and that a constitutional amendment could potentially alter this stance.

Logical and Democratic Steps for Independence

Hold a Referendum on Secession: If the Catalan government wishes to secede, a democratic referendum in Catalonia is a logical first step. This would allow the people of Catalonia to voice their opinion on the matter. Negotiate with the Federal Government: If the referendum yields a positive result, negotiations with the federal Spanish government on the terms of secession would be necessary. These negotiations aim to find a mutually agreeable arrangement. Referendum in Spain: If an agreement is reached, a referendum would then need to be held throughout Spain to approve the terms of the secession or the amendment of the Constitution. This ensures that the decision aligns with the broader interests of the nation. Declaration and Effective Secession: If the overall referendum in Spain is positive, secession can be declared and made effective.

While these steps involve multiple 'ifs', I believe they are all constitutional in nature. Unilaterally declaring secession might be unconstitutional, but holding a referendum is not.

The Spanish Government's Responsibility to Allow the Referendum

The Spanish government's decision to not allow the 2017 referendum was a significant factor in the controversy. By denying Catalans the right to vote on their future, the government did not fulfill its obligation to present the issue to the people democratically. The referendum was both a democratic and constitutional means for Catalans to exercise their right to self-determination.

Cultural and Linguistic Similarities

The Catalans, like the Valencians, Mallorcans, Minorcans, and Ibicencans, share many cultural and linguistic similarities. The most notable feature is that they all speak either Catalan or a variants thereof. For example, Valenciano, spoken in the neighboring region, is linguistically the same as Catalan. Although there may be differences in accent, the language unites these groups in a common cultural heritage.

While only Catalonia is currently considering independence, whether they seek independence or more autonomy, they should have the right to make such a choice. This is a fundamental aspect of democratic governance and respect for the wishes of the people.

Conclusion

In conclusion, the 2017 Catalan independence referendum was a constitutional and democratic step to address the desire for self-determination. The Spanish government's decision to deny this referendum was a significant missed opportunity. The steps outlined above, while complex, provide a logical framework for resolving the issue within the bounds of constitutional law.