Miguel Ángel Presno Linera

Law and Disagreement: The 'Case of Catalonia in Spain'

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Abstract

The vicissitudes that in recent years have marked amendments made in the Statute of Catalonia are analyzed under the assumption that they are the manifestation of a disagreement over the fundamental terms of self-government and collaboration between central authority and autonomous communities. In a situation of political conflicts and nationalistic aspirations, often in contradictory fashion, the "Tribunal Constitucional" has increasingly been unable to satisfy irreconcilable claims, as the latest judgments show. The omen of the authors is rather to smooth out radical disagreement in a dimension of dialogue and loyal collaboration.

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