Ni tótem ni fetiche di Augustín José Menéndez
Abstract – The “Catalan Independent Crisis” is a symbol of the structural crisis of the Spanish Constitutional order. By one side, the arguments against the independence lack of the substantial reference to popular will but on the other side the arguments in favor are contradictory when they try to find its legitimacy in the constitutional order they are challenging. The solution could be find in a “semantic conception” of the constitution, according to which only the popular vote can reestablish the political certainty.
Keywords – Catalan Crisis, Independence, Referendum, Constitutional legitimacy