Coconstitutionalism
Encyclopedia
Coconstitutionalism is where two institutional cultures exist in a complex semi-autonomous relationship to each other. The model of asymmetrical devolution
that has emerged in democratic Spain
has been called "coconstitutional" in that it is neither a federal
nor a unitary
model of government
: autonomous nation-regions exist alongside and within the Spanish nation-state
in a relatively dynamic relationship.
Similarities to federalism are marked although a key difference lies in the legal status of a federal-state versus a notionally unitary coconstitutional one: in a federation, it is the states who legally transfer powers to the federal government (bottom up) whereas in a unitary state power is devolved from the nation-state down to the regions (top down) and can in theory be revoked. But in the case of Spain any such move by a future Spanish government could rekindle the Spanish Civil War
, the truth is such a move would probably require a constitutional amendment. Certainly a statue of autonomy (Spanish, Estatuto de autonomía) cannot be abrogated nor modified save by an initiative of an autonomous regional Parliament—that being, of course, unlikely.
Since 1997, the UK government has pursued a similar coconstitutional model of devolution with regard to its nation-regions. Unlike Spain, the UK government remains legally competent to revoke devolution, to do so would probably result in the violent destruction of the state.
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
that has emerged in democratic Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
has been called "coconstitutional" in that it is neither a federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
nor a unitary
Unitary
Unitary may refer to:* Unitary construction, in automotive design, another common term for a unibody or monocoque construction**Unitary as chemical weapons opposite of Binary...
model of government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
: autonomous nation-regions exist alongside and within the Spanish nation-state
Nation-state
The nation state is a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial unit. The state is a political and geopolitical entity; the nation is a cultural and/or ethnic entity...
in a relatively dynamic relationship.
Similarities to federalism are marked although a key difference lies in the legal status of a federal-state versus a notionally unitary coconstitutional one: in a federation, it is the states who legally transfer powers to the federal government (bottom up) whereas in a unitary state power is devolved from the nation-state down to the regions (top down) and can in theory be revoked. But in the case of Spain any such move by a future Spanish government could rekindle the Spanish Civil War
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
, the truth is such a move would probably require a constitutional amendment. Certainly a statue of autonomy (Spanish, Estatuto de autonomía) cannot be abrogated nor modified save by an initiative of an autonomous regional Parliament—that being, of course, unlikely.
Since 1997, the UK government has pursued a similar coconstitutional model of devolution with regard to its nation-regions. Unlike Spain, the UK government remains legally competent to revoke devolution, to do so would probably result in the violent destruction of the state.