An egalitarian defence of territorial autonomy. The case of Spain

Abstract

This article distinguishes several constitutional spheres of equality, since different conceptions and approaches to equality may emerge and prevail in each sphere. Instead of equality always opposing difference, this paper argues that its multinational sphere tends to require self-government, asymmetry and pluralism, for a multinational conception of equality seeks a deep, basic equality between majority and minority nations. Crucial issues concerning this multinational sphere will be examined, such as the allocation of powers, territorial asymmetries, bills of rights, and the question of sovereignty. The case of Spain is taken as an empirical and legal reference to study and reflect on the different constitutional spheres of equality. With regard to the territorial sphere, Spanish politics and jurisprudence commonly understand the principle of equality as a tenet of and a tool for centralization and unification. This traditional understanding will be challenged employing elements of political philosophy, constitutional theory and comparative law.