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Crítica de la tesis de la unidad de España como norma fundamental del orden constitucional.

Authors :
Fallada García-Valle, Juan Ramón
Source :
Revista d'Estudis Autonòmics i Federals. Dec2020, Issue 32, p77-114. 38p.
Publication Year :
2020

Abstract

The purpose of this article is to criticize the thesis that proposes the unity of Spain, that is, the Spanish nation as a pre-constitutional historical reality, as the fundamental norm of the Spanish constitutional order. For this purpose, the defence made by González Navarro of this thesis is used as the main reference. In the first place, the aforementioned thesis is set forth, questioning the supposed irreformability of art. 2 CE derived from that thesis. Secondly, the notion of “objective” or “perennialist nation”, as well as the historiographical assumptions underlying this thesis are set forth and criticised. Thirdly, the law of progressive political unification that would presumably rule the historical evolution is set forth, as well as its direct legal consequence, namely, the denial of the right to full self-determination of nations. Next, this non-recognition of the right to full self-determination is criticised, as well as the validity of the supposed law of historical evolution. Finally, other theorems that González Navarro links to the thesis of the unity of Spain are criticised. The article ends with a criticism of the definition of “violence” linked to the thesis. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
18862632
Issue :
32
Database :
Academic Search Index
Journal :
Revista d'Estudis Autonòmics i Federals
Publication Type :
Academic Journal
Accession number :
149516981
Full Text :
https://doi.org/10.2436/20.8080.01.54