Hausnarketa juridiko bat amnistiaren konstituzionaltasunaren inguruan

The proposed amnesty law for Catalonia presented in the context of the investiture of President Pedro Sánchez has raised a great stir in both the political and academic fields, where we can find opposing positions. Some consider no amnesty fits within the Spanish constitution Constitution; other authors advocate for its constitutionality, athough the specific proposal now presented is unconstitutional; and finally, there are those who believe that both the amnesty, in general, and the proposal submited, in particular, fit into the Constitution. Who is right? Does the Spanish Constitution forbid any kind of amnesty? And, specifically, does the proposed amnesty law fit into the Magna Carta? The main objective of this essay is to answer these questions, and that is why international experience, Spanish historical constitutionalism, as well as the most current doctrine and jurisprudence are analyzed.