Bulletin n. 1/2015 | ||
June 2015 | ||
Manuel Fondevilla Maron |
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Derecho a decidir y soberanía. A propósito de la STC 42/2014, de 25 de marzo | ||
in Teoria y realidad constitucional , no. 34 , 2014 , 587-608 | ||
STC 42/2014 partially annulled the Parliament of Catalonia declaration of sovereignty. This paper analyzes the main points of this resolution. Regarding the declaration of unconstitutionality and annulment of first paragraph that established that the Catalan People is a «sovereign subject», we agree with the Court that it was the only constitutionally admissible solution. We disagree, however, the solution adopted about the third, seventh and ninth points, that we believe should also be declared unconstitutional and annulled. We criticize also the formalist conception of constitutional amendment instrument defended by the Court. | ||