Nationalism, constitutionalism and pseudo-constitutionalism. The right to self-determination as a ‘principle of principles’ of constitutionalism

Abstract

This paper has two main objectives. First, to argue that the position consistent with the theory and values of constitutionalism lies in the defence of the equal right of all nations to full self-determination. Second, to argue that justifying the denial of the right to full self-determination of national minorities on the basis of constitutionalist theory amounts to pseudo-constitutionalism. In order to achieve both objectives, constitutionalism and pseudo-constitutionalism are defined (Chapters II and III). The possible confusion between (the existence of) the State and (the existence of) the constitutional State is clarified as a starting point for the analysis in the following sections (Section IV). The principles of territorial integrity of the State (Section V), national unity and national sovereignty (Section VI) are analysed in connection with the theory of the personality of the State and nationalist ideologies. The position of the ‘principle of principles’ of the right to self-determination in constitutionalist theory is then justified (Section VII). The final section (Section VIII) connects all the previous analyses with the pseudo-constitutionalist discourse of Spanish unitarianism.

Keywords

• constitutionalism
• pseudo-constitucionalism
• nationalism
• theory of the personality of the state
• cosmopolitanism
• right to self-determination