Uploaded June 2026 | Updated September 2026, 2 weeks ago
This event was organised by the UCL Global Centre for Democratic Constitutionalism
The Constitution of Spain: From Opportunity to Trap for the Democratic Self-Determination of Its Nationalities?
Speaker: Dr. Pau Bossacoma Busquets (Open University of Catalonia)
Chair: Dr Luis Soto Tamayo (UCL Laws)
About the talk
Can the rule of law (or rule by law) undermine national pluralism and plurinational coexistence? We will discuss whether in multinational democracies, especially those with significantly rigid constitutional frameworks, a strict application of the rule of law can generate excessive contestation that endangers democratic governance. In particular, since laws concerning secession are often biased and deficient, moral argument and political accommodation gain importance. Perhaps not by chance, the Spanish Constitutional Court maintains that “without conformity with the Constitution there is no legitimacy to be claimed”, while insisting that “under a democratic conception of power there is no legitimacy beyond that founded on the Constitution.” Although legality—especially constitutional legality—is a significant source of legitimacy in liberal democracies, legitimacy is a broader notion encompassing other sources such as morality and democracy, as the Supreme Court of Canada suggested in the Quebec Secession Reference. Beyond addressing the issue of secession, we will also deal with related problems, such as those concerning the territorial organization of power in Spain and the regulation of constitutional amendment under the Spanish Constitution.
This seminar is part of the Sidney Seminar Series.
Please note: The event will be photographed and recorded for publicity purposes by UCL Laws.
This event was organised by the UCL Global Centre for Democratic Constitutionalism
The Constitution of Spain: From Opportunity to Trap for the Democratic Self-Determination of Its Nationalities?
Speaker: Dr. Pau Bossacoma Busquets (Open University of Catalonia)
Chair: Dr Luis Soto Tamayo (UCL Laws)
About the talk
Can the rule of law (or rule by law) undermine national pluralism and plurinational coexistence? We will discuss whether in multinational democracies, especially those with significantly rigid constitutional frameworks, a strict application of the rule of law can generate excessive contestation that endangers democratic governance. In particular, since laws concerning secession are often biased and deficient, moral argument and political accommodation gain importance. Perhaps not by chance, the Spanish Constitutional Court maintains that “without conformity with the Constitution there is no legitimacy to be claimed”, while insisting that “under a democratic conception of power there is no legitimacy beyond that founded on the Constitution.” Although legality—especially constitutional legality—is a significant source of legitimacy in liberal democracies, legitimacy is a broader notion encompassing other sources such as morality and democracy, as the Supreme Court of Canada suggested in the Quebec Secession Reference. Beyond addressing the issue of secession, we will also deal with related problems, such as those concerning the territorial organization of power in Spain and the regulation of constitutional amendment under the Spanish Constitution.
This seminar is part of the Sidney Seminar Series.
Please note: The event will be photographed and recorded for publicity purposes by UCL Laws.
