| Popis: |
In the current essay we will try to prove that self-determination is a moral right –a legitimate and justified claim– that, as such, should be integrated as far as possible in a democratic constitution. In Spain many people concur with this thesis and they come to law searching for an acting guideline: if the claim is contained within the legal order the norm is applied and, if not, a reform is proposed in order to include the claim. This path, as we will see, is doomed to fail. The usual interpretation of the Spanish legal code leads to a short circuit; it reproduces the problem intended to be solved. The integration of the right to self-determination can only be achieved in an un-usual way by resorting to what we here have called method of the Politician, which consists in using the right as an excuse rather than a guide to the agreements. |
