Eunomia (Oct 2020)

About a non-existent right. On «Democracy and the right to decide» by Josep M. Vilajosana

  • Manuel Atienza Rodríguez

DOI
https://doi.org/10.20318/eunomia.2020.5721
Journal volume & issue
Vol. 0, no. 19
pp. 422 – 431

Abstract

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The author considers that the thesis defended in the work of J. M. Vilajosana, Democracia y derecho a decidir, is untenable: the right to decide (that is, the right to secession) is incompatible with current Spanish law. Among many other defects, Vilajosana’s thesis presupposes a conception of law and interpretation in which the text of the norms (specifically that of the constitutional norms) is completely irrelevant.

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