Deactivating Unconstitutionality

09/07/2010

Alfonso Fernández-Miranda: “The Constitutional Court (TC in Spanish) interprets the preamble of the Catalonian Charter in accordance with the thesis of the preambles being not binding. The TC has decided that the concept of the Catalonian nation included in the Preamble is not binding. There is no political subject other than the Spanish people, the sole holder of sovereignty. Catalonian people as a sovereign subject do not exist, the power of the Generalitat derives from the Constitution”

“The Charter emerges from the theory of the deconstitutionalization of the State by a deconstituent power. It derives from a self-legitimate historicist source. It is anti-enlighted due to its conception of historical rights and due to the interpretation it makes of the nation. It represents a confederal link with Spain, and like any confederation, is subject to international law, whereas a federation is subject to internal law”

“We have reached the autonomic top; we can’t deprive the State from anything more unless we want to deprive ourselves of the very State”

“We expected the decision of the TC on the Catalonian Charter would insert some legal security. A really unbearable and unfair task at times has been loaded upon the TC’s shoulders. It’s very easy to delegitimize the TC, and sometimes it is done with scarce responsibility, unaware of up to what point it is the keystone of the constitutional building addressed to protecting minorities”

“The TC can introduce some legal security in the disorder of the autonomic state, but it cannot establish what can only be settled by a political pact: the closing of the autonomic system by way of a constitutional reform or through a pact on the autonomy charters”

“Distrust generated by the charter is not unwarranted and culminates now, when we are able to see a demonstration under the slogan: “we are a nation, we decide”. It’s the same slogan used by Ibarretxe. It seeks Catalonia’s self-assertion as a sovereign political subject”

“The charter makes a gradual invasion into the State’s capacities by minimising the contents of the basic legislation. This is one of the essential points of its unconstitutionality”

“The Constitutional Court doesn’t deserve the reproach of generating insecurity, it is false and even cynical to say this, especially if it said from a political sector. If there’s anything that has generated security in this confusion of autonomies’ State, that has been the TC, which has been loaded, in the absence of political pacts, with the huge task of building a stable framework of institutional relations in this composite state. Delegitimizing the Constitutional State is deeply irresponsible and unfair.

“Let the decision, from its loyal compliance, serve for a regeneration of the TC. I appeal to the political pact necessary to close the State of autonomies. This pact will need a reform of the Constitution. The pact will need an agreement between PSOE and PP and, furthermore, between PSOE and PSC”