Imperfect federalism and the struggle for independence in Scotland and Catalonia

In this paper, I consider the federal experiences of the United Kingdom and the Kingdom of Spain. I argue that the constitutional design of these states, federal only in functional terms and not from a constitutional-legal aspect, potentially accounts for the permanent dissatisfaction of stateless n...

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Bibliographic Details
Main Author: Szabó Barnabás
Corporate Author: Jog határok nélkül (2017) (Szeged)
Format: Book part
Published: 2018
Series:Szegedi Jogász Doktorandusz Konferenciák 8
Jog határok nélkül 8
Kulcsszavak:Katalónia története, Skócia története, Alkotmány
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Online Access:http://acta.bibl.u-szeged.hu/75002
Description
Summary:In this paper, I consider the federal experiences of the United Kingdom and the Kingdom of Spain. I argue that the constitutional design of these states, federal only in functional terms and not from a constitutional-legal aspect, potentially accounts for the permanent dissatisfaction of stateless nations, specifically Scotland and Catalonia, with their position inside the British and Spanish constitutional structures, which contributes to the strengthening and the recurrence of the struggle for independent statehood in these territories. While a proper federal redesigning of the UK’s and Spain’s constitution could be a tool to curb the incentives for secession in Scotland and Catalonia, the political factors and the credibility of the federal option necessary for such a reshaping of the constitutional environment are missing. This is also true if independentism in these territories is approached as a question of primarily economic nature. However, the current constitutional designs based on devolution and autonomous governance have not necessarily reached their final limits, even though there are certain differences to observe in this respect between the Scottish and the Catalan scenarios.
Physical Description:353-364
ISBN:978-963-306-640-9
ISSN:2063-3807