RT Dissertation/Thesis
T1 Self-determination and secession in constitutional democracies. A study of the Spanish case.
T2 Autodeterminazione e secessione nelle democrazie costituzionali. Uno studio sul caso spagnolo.
A1 González-Represa, Gaspar
K1 Autodeterminación nacional -- España -- Tesis doctorales
K1 Nacionalismo -- España -- Tesis doctorales
AB As noted throughout the whole research, secession has had a great historical importance and remainsa major issue in the national and international political arena today. The protection of the territorial integrity has beena conflictive issue that continues to generate new armed conflicts. Secession and territorial disputes havehistorically been solved by force. In fact, in many recent examples force has been used to achieve independence orto preserve the territorial integrity of a state. The example of Ukraine-Russia war clearly prove that separatist claimsand the protection of territorial integrity can lead to armed conflict. Finding a legal solution to secession is still anopen question and a particularly difficult task, which this research aims to shed some light on though. Thus,secession would no longer be a de facto issue solved by force and become an issue solved by law.The first part of this research studies the legal channels for a separatist claim by distinguishing two types ofsecession: the remedial secession and the so-called “democratic secession”, being each type of secession achievedexercising different rights. . Remedial-secession takes place through the exercise of the external dimension of theright to self-determination recognised by international law. This secession is based either on a massive violation ofhuman rights or on an infringement of the internal self-determination. On the other hand, democratic secessiontakes place by the exercise of a right to secede recognised in a Constitution. This secession is not based on anyinfringement of rights or restrictions on the self-governing or representation powers, but simply on the will of acollective to become independent.
PB UMA Editorial
YR 2023
FD 2023
LK https://hdl.handle.net/10630/26460
UL https://hdl.handle.net/10630/26460
LA eng
NO The second part of the thesis discusses the legal channels for secession in Spain. Independence movements inSpain explored any right whose exercise would enable their independence and provide a semblance of legality totheir claims. Admittedly, opportunities for secession depend on the current existence of legal channels and on theprospect of their existence, being both the subject of study of the second part of this dissertation.
DS RIUMA. Repositorio Institucional de la Universidad de Málaga
RD 19 ene 2026