The Asymmetry, no recognised differences, as a distinguishing feature of the State of Autonomies

Authors

  • José Tudela Aranda Cortes de Aragón

DOI:

https://doi.org/10.5944/rdp.101.2018.21968

Keywords:

Autonomy, Asymmetry, Federalism, Diversity

Abstract

Abstract:
The definition of the Spanish State of Autonomies has been changed over the past decades. While the State of Autonomies has been classified in its beginnings as a regional state, in recent years the model developed features similar to a federal country. Notwithstanding, one of the characteristics that has been frequently underlined as a distinguishing feature of the State of Autonomies is the principle of emulation. Following this principle, the trend to equalize the different territories, in addition to the potential of the «principio dispositivo», according to which all powers that have not been reserved to the central government could be assumed by the Autonomous Communities, would lead to a model of territorial organization characterized by homogeneity. In this text we will demonstrate that, on the contrary, the Constitution and the evolution of the State of Autonomies show that the distinctive feature of the State of Autonomies has been asymmetry. In this context, we understand asymmetry as the desire for a constitutionally guaranteed distinction of some territories and the reactions this constitutional asymmetry had over time. Although during a certain period the strength of the emulation principle lead to a
partially symmetrical state, the successive evolution of the State of Autonomies
demonstrated the deep roots of asymmetry as the ideological principle of the model. The fact that this feature has been underestimated can be considered as one of the reasons for the failure of the State of Autonomies as an integration project.

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Author Biography

José Tudela Aranda, Cortes de Aragón

Letrado de las Cortes de Aragón. Palacio de la Aljafería. 50004 Zaragoza.

Published

2018-04-28

How to Cite

Tudela Aranda, J. (2018). The Asymmetry, no recognised differences, as a distinguishing feature of the State of Autonomies. Revista de Derecho Político, 1(101), 431–460. https://doi.org/10.5944/rdp.101.2018.21968

Issue

Section

MONOGRÁFICO XL ANIVERSARIO CONSTITUCIÓN. TÍTULO VIII