The oscillating doctrine of the Constitutional Court on the definition of the public consultations by referendum. A critical review through four judgments

  • Joan Ridao Martín
Keywords: Consultations, consultations different to referendums, jurisprudence, Constitutional Court

Abstract

With its Judgment 31/2015, on the Catalan Law on popular consultations and citizen participation, the Spanish Constitutional Court completes a set of doctrinal statements on the referendum comprising mainly three more relevant judgments (the 103/2008, the 31 / 2010 and 42/2014). This article discusses these four texts, although at times, express a hesitant and confused doctrine, they form the basic law for the definition of the genre popular consultations, the situation of regional powers in this area and finally criteria relating to restrictions on matters that can be consulted.

Published online: 13 July 2015

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Published
2015-07-13
How to Cite
Ridao Martín, Joan. 2015. “The Oscillating Doctrine of the Constitutional Court on the Definition of the Public Consultations by Referendum. A Critical Review through Four Judgments”. Estudios De Deusto 63 (1), 359-85. https://doi.org/10.18543/ed-63(1)-2015pp359-385.
Section
Studies