Constitution in the eye of the storm of the Catalan crisis as it turns 41

As Spain commemorates the anniversary of its magna carta, it remains a source of conflict between those against and for Catalonia's self-determination

Exterior image of the Constitutional Court
Exterior image of the Constitutional Court / Tània Tàpia

Neil Stokes | Barcelona

December 5, 2019 08:34 PM

December 6 is a public holiday everywhere in Spain to commemorate the Spanish constitution, which passed with 91% of the votes in a referendum on that day in 1978.

To celebrate the day that meant the final nail in the coffin of the Franco dictatorship that had ruled Spain for 40 years, a memorial event is held every year in Madrid, and another one in Catalonia.

However, this year the Catalan president, Quim Torra, will not be there, as he turned down his invitations, describing Spain's supreme law as "a tool to justify repression."

Torra, who heads a pro-independence government in Catalonia, was referring to how the Spanish authorities have responded to the Catalan bid to split from Spain in 2017.
 
Article 155

Spain's Constitutional Court ruled the unilateral referendum in October 2017 illegal, and an article of the constitution was used to suspend Catalonia's self-rule following the bid.

Over two million people voted for independence in the referendum, a reason why Torra refused his invitation, saying the constitution "does not represent the majority of Catalans."   

Forty-one years since the constitution was passed "to establish justice, liberty and security" in Spain, its magna carta is at the heart of the current political crisis.

In one corner, the constitutionalists

The political parties and their supporters who oppose Catalonia's independence and the calls for it to exercise self-determination refer to themselves as "constitutionalists."