The principle of unity between Cards and Courts: an Italian-Spanish comparison

Abstract

The article analyzes the unitarian principle in the Italian and in the Spanish legal orders. It emphasizes the similarities between the drafting of the relevant provisions of the 1948 Italian Constitution and of the 1978 Spanish Constitution, while pointing out the differences between the legal nature of the Unitarian principle, which is unamendable in Italy but not in Spain. It is argued that this difference might account for the diverse attitude and legitimacy of the Constitutional Courts in managing territorial conflict and responding to the independence requests of Veneto and Catalonia.