Chapter 6: Spain and Catalonia, 1935-2019
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This chapter charts the historical trajectory of Catalonia and the wider Spanish polity, with a focus on the legal aspects of relations between the two, culminating in Catalonia's designation as an Autonomous Community under the Constitution of 1978. It then proceeds to an examination of recent judgments of the Constitutional Court of Spain delimiting the power of Spain's Autonomous Communities: in 2010, the Court invalidated multiple provisions in Catalonia's 2006 Statute of Autonomy, which had been approved by the Spanish Parliament and ratified through a referendum in Catalonia. The Court particularly objected to the Statute's reference to Catalonia as a nation, considering such a designation to be inconsistent with the 1978 Constitution's sole recognition of the Spanish nation. In a 2014 judgment, the Court determined that a resolution passed by the Catalan Parliament declaring the sovereignty of the Catalan people to be unconstitutional and void, for purporting to exercise a constituent power the 1978 Constitution reserves to the Spanish people as a whole. The chapter additionally examines the political and legal measures taken following these judgments, most notably the 2017 Catalan referendum and declaration of independence.

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