A conflict of sovereignty? Democracy versus rule of law in the case of Catalonian succession

Abstract

In the conflict over the secession of Catalonia, the institutions dominated by supporters of Catalan independence, most specifically the Catalan Parliament, constructed a narrative that presented the quest for independence as a conflict of sovereignty opposing the Spanish state and its central authorities against the democratic principles embodied by Catalan Parliament. This narrative side-lined the linkage between democracy and rule of law so central to liberal democracies. In doing so, it generated a new conflict at the practical and narrative level; namely, one between democracy understood as extreme majoritarianism, and the rule of law understood as legality. This article traces and explores the formation of this narrative and draws out in detail the normative implications associated with a conflict between majoritarianism and legality.