At the height of Catalonia secession debate, world’s top constitutional lawyers led by Sujit Choudhry have proposed that dialogue is the only way out of the legal turn political crisis. In a recent letter addressed to Catalonian President Puigdemont and Prime Minister Rajoy of Spain, the law scholars beseeched the two leaders to both act in good faith and in the interest of their citizenry. Their line of argument is that the Catalans have shown clear intentions of seceding from Spain and therefore Puigdemont should rise to the task and organize for a referendum for his people. As for Rajoy, the scholars argue that the best option for him is to accept reality and grant the Catalans their wish. Failure to do so, the Prime Minister risks disrupting peace and the Spanish Constitutional order altogether.
Sujit Choudhry and the other scholars point out that it is in the best interest of both Catalans and Spaniards to have a referendum that will constitutionally and peacefully settle the current dispute. As of now, Spain’s brutal approach to the issue is undermining not only the rights of the Catalans as a people but also the dictates of the European Union. Their take is that Rajoy’s government missed the point when they forcefully barred Catalonia from holding a secession referendum on October this year. On the other hand, the scholars expressed their satisfaction with President Puigdemont’s decision to push the declaration of independence to a later date and consequently paving the way for dialogue. That notwithstanding, Sujit and team argued that the Catalonian president ought to up his game in pursuit of his people’s wishes and beliefs.
It is within the rights of the Catalans to form their independent nation according to Choudhry and co. They urge Mr. Rajoy to cease using unconstitutional methods to stop the Catalans from expressing their wish in a referendum. Additional article on works.bepress.com.
Prof. Sujit Choudhry is the legal scholar behind the Center for Constitutional Transitions. Being an expert in comparative constitutional law, Choudhry comments on different legal and political questions that arise in different parts of the world. He is also recognized as the Michael Heyman Professor of Law at the University of California in Berkley. Related article on constitutionaltransitions.org.
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Through The Center for Constitutional Transitions, Prof Choudhry assists nations in developing or amending their constitutions. South Africa and Ukraine are some of the countries which have benefited from Choudhry’s counsel. For further reference, visit his website on sujitchoudhry.com.
More about his published work here http://www.indiawest.com/news/global_indian/u-c-berkeley-law-professor-sujit-choudhry-co-edits-