territorial borders are specifi, although the limits existing in 1978 are consider immutable, so2 “the indissoluble unity of the Spanish nation, homeland common and indivisible of all Spaniards ”. Between 1812 and 1978 the borders have chang so much that neither the “Spanish nation” is the same, nor the nationalism that sustains it is organiz with identical ingrients. However, the word Spain remains an immutable concept. It is a pre-constitutional, essentialist reality, which is the basis of the Constitution , and not the other way around, that is, the nation is bas on the freom of citizen decision-making.

It is, therefore,  the Spanish nation that acts as a pre-political framework that shapes what is legal (it is even said that the unity of the nation is the implicit limit to constitutional reform). The will of the members of the nation does not come into play: the indissoluble national unity is prior and the foundation of this will, which is therefore no longer free – it is no longer the will. When it is stat, then, that “Spain, with the constituent act of 1978, decid to be a common nation or homeland” is not entirely true; in fact, the Spanish Nation – conceivas a substratum prior to the Constitution – decid to be a

The Indissoluble Unity Of

Spanish Nation or a common homeland. According to Habermas, the patriotism of the constitution is a common identification with a historical community found on certain values, Thailand Phone Number ut it must be a community whose core values ​​include freom, individual and collective. If this is so, how can it be said that “in the 1978. Constitution this patriotism (…) is enshrin and defin in the second article.” If citizens are deni the opportunity to freely decide – to exercise freom. What do you want it to be your national affiliation? True democracy presupposes the existence of nationalism — of national consciousness in Habermas’s

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terminology — as an ontological principle. Many current researches disregard the treatment of democracy in national formation and. Identify as nationalists those formations that challenge state reality as a source of legitimacy. Article 2 of the Spanish Constitution has no place for collective. Freom or democracy . One could speak of a true common had been establish in. Which the national parties, which are recogniz by the Constitution itself. Could freely express their will to belong to the national whole (we refer to the right of self-determination reject by the Chamber alleging the consensus.

Homeland If A Cannot

Article 2  be the basis of any patriotism bas on the value of freom which, according to Habermas, is necessary to be able to speak of constitutional patriotism. In addition. In the process of drafting Article 2, there was no real freom in its elaboration, since it was impos. And drafte- by the military power. We are therefore fac with a text in. Which freom did not intervene in its wording and whose wording leaves no room for freom. Instead, according to the People’s Party and its constitutional patriotism. Article 2 was “a great historical pact of the democratic transition” that shows the

will of all to find a framework in which we can feel reasonably comfortable. [Piqué, J. and San Gil, M. (pp. 2-4]. In “forgetting” freom and democracy, present in Habermas’s approaches, it is clear. That the affiliation of Spanish constitutional patriotism must be sought in the conservative. Traditionalist and fascist currents. “To defend the Constitution is to defend the Statutes of. Autonomy (…); to defend the Statutes of Autonomy is to defend with all its consequences the idea of ​​Spain ”[Piqué, J. and San Gil, M., p. 3]. “Constitution, Spain and freom (…) are synonymous terms” [p. 6]. The defense of the constitution is,

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