Referendums and popular consultations in the Spanish constitutional system: reflecting on the possibility of holding a referendum on the independence of Catalonia from Spain

Abstract

This article aims to assess the possibility of convening a referendum linked to the initiation of a constitutional amendment to recognise Catalonia’s right to secede from Spain. With this purpose in mind, we will analyse the legal institution of the referendum and other forms of popular consultations provided for in the Spanish legal system, with particular emphasis on the institution of the “consultative referendum on issues of special political importance” enshrined in Article 92 of the Spanish Constitution. This will serve to bring knowledge and rationally challenge the theoretical proposals of some authoritative sources in the legal doctrine, who have argued that before formally initiating a constitutional reform process in Spain, it would be convenient to verify whether such a desire for independence actually exists in Catalonia by holding a consultative referendum in this region, which would be in accordance with the Constitution.