Minority Nations and Self-determination: A Proposal for the Regulation of Sovereignty Processes

• Published in: International journal on minority and group rights Vol. 23; no. 3; pp. 402 - 421
• Main Author: Ruiz Vieytez, Eduardo J
• Format: Journal Article
• Language: English
• Published: Leiden Brill | Nijhoff 01-01-2016; Brill Nijhoff; Brill Academic Publishers, Inc
• Subjects: Collective rights; Conflict; Constitutions; Countries; Government regulation; Legal system; Minority groups; Political debate; Referendums; Regulation; Residents; Secessionism; Self determination; Sovereign states; Sovereignty; Territories; Basque region Spain; Spain
• ISSN: 1385-4879; 1571-8115; 1385-4879
• DOI: 10.1163/15718115-02303003

Basque and Catalan demands for legitimising political accommodation, solely on the basis of the democratic will of their residents, poses a significant challenge to the Spanish constitutional system. The core of the debate in this kind of conflict revolves around the so-called "right to decide" which commonly finds its expression in the capacity to hold a referendum over sovereignty matters. The path opened by Quebec, Scotland and other minority nations are considered by some to constitute evidence of the democratic need to include this right as a new accommodation formula. Incorporating a "sovereigntist proceeding" into the legal system(s) may pave the way to a new framework aimed at solving the significant constitutional problems that exist in Spain and other countries. I suggest that such a procedure could be incorporated and regulated in the existing legal systems and provide some guidelines that could be adopted when drafting the aforementioned regulation.