Las vueltas del camino. El derecho a decidir y los principios

Resumo

This paper explores the possibilities offered by the Spanish legal system regarding the recognition to the Right to Decide. Beginning with a criticism to the report of J.Mª Vilasojana- «Democracy and Right to Decide», published in this magazine- in which the adequacy of that right to the principles of the Constitution of 1978 is defended, I intend to prove, firstly, that the constitutional reform is not, in any case, a suitable way to achieve the introduction to the right to decide; secondly, using constitutionalism as a theory able to integrate the right to decide in the Spanish legal system – as it happens with any other legal route – is bounded to failure since it requires the political will of the majority parties which, as they have declared, it will never exist.