La integración y actualización de la foralidad en el sistema constitucional español. ¿Un ejemplo a seguir?

Abstract

The «foral» system is a legal system specific to the territories that encompass what is currently regarded as the Basque Country (Araba-Álava, Bizkaia and Gipuzkoa) and the Foral Community of Navarre, and has evolved over the centuries until it was specifically incorporated in and protected by the Spanish Constitution of 1978 through the first additional provision, which adopted the term historical rights to identify both arrangements. The way in which the foral system has been adapted and incorporated into the Spanish legal system, thus guaranteeing its survival to this day, is explained in the article, and this explanation is followed by asking the question whether the way in which this has occurred might be a valid example to be followed for other legal situations that are analogous to those governed by the foral system; that is to say, with important specificities in their legal systems that demand recognition and incorporation through laws at state level.