Category: constitutional theory
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The Spanish Constitutional Court faces direct democracy
The Spanish Constitutional Court is about to render one of the most important decisions in its history. The case concerns the Statute of Autonomy of Catalonia, a region in Spain that has traditionally had a strong nationalist movement. Under the Spanish Constitution of 1978, Spain was divided into 17 Autonomous Communities.
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Why constitutional theory needs to be comparative and international
What’s wrong with mainstream constitutional theory? Among other things, it is neither comparative nor international, at a time when other countries and the international legal regime are in need of constitutionalization and might actually benefit from some applied theory. Here’s a rundown of the argument, with thanks to both the Constitution in 2020 and Balkinization…