Derecho a decidir, Constitución, Estado democrático
Barceló i Serramalera, Mercè
- Publication year:
- 2019
- Publication place:
- Donostia
- Characteristics:
- 539-546 p. ; 27 cm. - (Congreso ; 18)
- ISBN:
- 978-84-8419-293-0
Summary
This paper questions whether, in a democratic state, a political community with a territorial base might be able to use an enquiry to democratically propose a change in political status within the state, including secession.This change should follow the constitutional framework and, consequently, be carried out in a negotiated way as in other democratic states (Canada, United Kingdom).This is what the text refers to as “the right to decide”. However, what happens if the state refuses to call an enquiry in this respect due to political reasons? Would international law accept these political communities as having the right to self-determination, thereby turning their decision into a unilateral decision protected by international law? This is the question that closes this paper.
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