Friday, September 19, 2014

Circular referendum logic

So why not have a referendum in Catalunya like in Scotland? The central government’s argument is that there can’t be a referendum because it would be illegal. Why would it be illegal? Because the central government won’t approve it, and the constitution requires their sign-off.

Any why won’t the central government sign-off? Because it says the referendum is illegal… etc

Of course, the Catalans are saying they aren’t having a referendum, they are having a “Consulta”, which according to their own Statut, they are allowed to do (according to article 122):

The Generalitat has exclusive power to establish the legal framework, modalities, procedures, implementation and the call by the Government itself or by local authorities, within the scope of its powers, surveys, public hearings, forums participation and any other instrument of popular consultation, except as provided in Article 149.1.32 of the Constitution.

The constitution says:

The State has exclusive jurisdiction over the authorization to call for popular consultations by route of referendum.

Still, Rajoy shouldn’t act as if he is obligated by law to stop the referendum consultation, he’s just stopping it because he doesn’t want it to happen.


trebots said...

Issa loophole innit: sovereignty resides according to the constitution in the citizenry as a whole, so asking one bit of the citizenry about one bit of that sovereignty is encouraging false hopes and foolish acts, even if some might interpret as legal. (I'm not oppressing you, Stan. You haven't got a womb! Where's the foetus gonna gestate? You gonna keep it in a box?)

Juan said...

Don't be fooled. Sovereignty depends on the force by the will of God. When Catalans or Basques ask for freedom to decide where to belong to, they say they have the right because they are a nation. Some will not accept Vall de Aran or north of Navarra to stay out of the decision. Some will want Valencia and Balearic Islands (catalan speaking pro-PP/Spain) to stay in the decision.

And at the end of the day, coercion has some goods and some evils.

santcugat said...

It's strange how Catalans dream about an independent Catalunya including all the Paisos Catalans, but then only want a referendum to include the bits that are pro-independence.