¿Puede encauzarse en el ordenamiento jurídico español el Derecho a decidir? .

Abstract

In this paper, we reflect on the plurinational nature of Spain, and the supposed existence of the right to decide, or how this is put in practice. For example, through citizen consultation, and even through regional elections which have become quasi-referendums which, if not legally channelled within the domestic legal framework, along the lines of the doctrine set forth by the Canadian Supreme Court, can lead to a Unilateral Declaration of Independence, which has no domestic legal validity. However, internationally, its significance depends on the strength of the democratic support behind it. As things stand, peaceful coexistence, negotiation and agreement can lead to a prudent legal solution, meaning that a procedural regulation of self-determination or the right to decide is approved for the various nations of Spain without any hysterics, not creating further problems but, on the contrary, resolving existing ones.