Referendum e secessione. L’appello al popolo per l’indipendenza in Scozia e in Catalogna
RUGGIU, ILENIA
2016-01-01
Abstract
This paper provides an overview of the theory and practice of secession in constitutionalism. It suggests a three-phase evolution of the concept, which was conceived at first as a revolutionary political event, then as a remedial right, and finally as a juridical procedure compatible with democracy. The paper focuses on recent secessionist processes: the Scottish and Catalan referendums, which differ in many respects. The Scottish referendum was negotiated with the central State, and governed in every single detail, whereas the Catalan one was strongly opposed by the central power, and eventually prohibited by the Spanish Constitutional Court. These opposite cases drew the scholars’ and policy-makers’ attention to the classic constitutional debate on secession and on the following questions in particular: is secession a right of the peoples whose nation-feeling and citizenship do not coincide? Can secession be democratic, and under what conditions? How can we identify who is entitled to decide whether or not there should be secession? Can a unilateral secession be deemed to be democratic? After describing the facts, analogies and differences between the Scottish and the Catalan referendums and their impact on Italian regions, the paper looks into the conditions for a "democratic" secession. [Abstract appeared in the Journal]File | Dimensione | Formato | |
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