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I'm under the impression the only way an independence vote could be legal is if the Spanish Constitution was changed to allow that. The current constitution dec

I'm under the impression the only way an independence vote could be legal is if the Spanish Constitution was changed to allow that. The current constitution declares Spain "indivisible", with no more specific details. That would seem to pretty clearly exclude any possibility of a part of Spain legally separating from Spain. The UK's legal system is a little slipperier. UK doesn't have a hard and fast Constitution. If Parliament allows something, it's basically legal (less hard checks on legislative power than your typical constitution).

liberte82 9y ago
It's interesting how this stems from a cultural difference. In very general terms, the UK is based on common law, in which we decide the truth as we go, based on the decisions of parliament and court cases. Spain and France are based on civil law, which are much more rigid and top-down, but also more clearly defined. In civil law, if it's not explicitly declared illegal, you can do it. In common law, it's a little murkier. This even seeps into the language (The French say they "have the right" to do something, the English say they are "allowed" - active vs. passive). Of course there is great overlap between the two in reality, but at their core the two legal systems have different philosophies. Hence why you end up with situations where the UK may be more flexible about things like separation.
- rjsw 9y ago
  The UK is a mix of legal systems, Scotland is different from the other parts of the Union, so there is already some expectation of flexibility.
- narag 9y ago
  Actually our Constitution states that Spain is indivisible for a reason. We had some rebel "cantons" in XIX century and a few revolutions in XX, so when we voted a new Consitution in 1978, it was decided to secure the union in the highest law. Of course you can modify the Constitution and there are legal ways to reach a consensus for that. It's just more difficult than holding an illegal, rigged referendum because some rogue regional politicians think they're entitled to it.

liberte82 9y ago

It's interesting how this stems from a cultural difference. In very general terms, the UK is based on common law, in which we decide the truth as we go, based on the decisions of parliament and court cases. Spain and France are based on civil law, which are much more rigid and top-down, but also more clearly defined. In civil law, if it's not explicitly declared illegal, you can do it. In common law, it's a little murkier. This even seeps into the language (The French say they "have the right" to do something, the English say they are "allowed" - active vs. passive). Of course there is great overlap between the two in reality, but at their core the two legal systems have different philosophies. Hence why you end up with situations where the UK may be more flexible about things like separation.

rjsw 9y ago
The UK is a mix of legal systems, Scotland is different from the other parts of the Union, so there is already some expectation of flexibility.
narag 9y ago
Actually our Constitution states that Spain is indivisible for a reason. We had some rebel "cantons" in XIX century and a few revolutions in XX, so when we voted a new Consitution in 1978, it was decided to secure the union in the highest law. Of course you can modify the Constitution and there are legal ways to reach a consensus for that. It's just more difficult than holding an illegal, rigged referendum because some rogue regional politicians think they're entitled to it.