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Demagogy And Democratic Loyalty Instead Of Oligogy And Constitutional Patriotism, Antoni Abad I Ninet
Demagogy And Democratic Loyalty Instead Of Oligogy And Constitutional Patriotism, Antoni Abad I Ninet
Antoni Abad i Ninet
This paper is an exercise in legal democratic experimentalism and a defense of the people’s role in our juridical and political systems. I use, as the example, the Catalonian Statute of Autonomy amendment approved by the Spanish Parliament. This reform produced an upheaval in Spanish politics which is seriously affecting the confidence of citizens in the whole political system. This case in point is analyzed with other polarization cases and constitutional court models in order to reach general conclusions about the relationship between democracy and constitutionalism, the demos and constitutional/supreme court. The main objective is to verify that a less …
“Horizontal Autonomism” As A Source Of Law. The Change Of The Spanish State Territorial Organization By Subconstitutional Rules., Antoni Abad I Ninet
“Horizontal Autonomism” As A Source Of Law. The Change Of The Spanish State Territorial Organization By Subconstitutional Rules., Antoni Abad I Ninet
Antoni Abad i Ninet
We are in the midst of a strong revival of interest of the Autonomous Communities within the Autonomous Spanish State. Recent reforms of the Statutes of Autonomy by some autonomous regions in Spain have revealed new mechanisms and ways of interaction and communication between policy-statutory Autonomous Communities, within the scope of the reforms of the Statute of Autonomy. This interaction is the assumption of a phenomenon called "horizontal autonomism". This concrete phenomenon has not only reopened, with still more force the theoretical and practical debate about the nature of the territorial organization of the Spanish state, but also demonstrates that …