西方多民族国家建设中分离性公投危机的宪法治理——以西班牙加泰罗尼亚公投为例

The Constitutional Governance of Crisis of Referendums for Separation in the Construction of Multi-ethnic Countries in the West—— Taking the Catalan Referendum of Spain in 2017 as an Example

分离性公投本质上是对多民族国家领土与主权的破坏,加泰罗尼亚公投是旨在脱离西班牙独立建国的单方面分离性公投。西方多民族国家建设中分离性公投危机的宪法治理,违宪性是其逻辑起点,宪法保障机制的运转体现其基本过程,目的在于解除危机、维护统一、捍卫主权。分离性公投危机宪法治理的有效性受多种因素影响:完善的宪法与健全的宪法保障制度是实施治理的基本前提,较强的政府法理制约能力是保障治理的重要条件,竞争性多党制的消极作用是制约治理的直接原因,宪法认同的强弱是影响治理的内在因素。

Referendums for separation essentially undermine the territory and sovereignty of multi-ethnic countries.The Catalan referendum is a unilateral separatist referendum aimed at separating the region of Catalonia from Spain and achieving independence.In the construction of a multi-ethnic country in the West,unconstitutionality is the logical starting point for constitutional governance with regard to the crisis caused by a referendum for separation.The operation of the mechanisms for constitutional guarantees embodies the basic process,and the aim is to relieve the crisis,safeguard the unity of the state and defend its sovereignty.The validity of constitutional governance within the crisis of a referendum for separation is affected by many factors,among which the perfect constitution and the system of constitutional guarantees are the basic premises for the implementation of governance,and a capacity of strong legal principles of the government is the important condition for the protection of governance.The negative role of a competitive multi-party system is the direct reason for the restriction of governance,and the strength of constitutional identity is the internal factor affecting governance.The referendum for separation of Catalonia was a more moderate national separatist movement,but it led to one of the worst crises for national construction since Spain’s transition to democracy in 1975.Under multilateral joint efforts and active co-operations,and on the basis of constitution,the Spanish government,quickly reversed the situation,defused the crisis in a timely manner,and effectively safeguarded the integrity of the country’s territory and sovereignty.This is a way constitutional governance aims at solving the crisis brought about by referendums for separation.The national separatist movement in modern developed western countries mainly“uses various political means found within modern democratic systems to achieve the purpose of splitting the country”,and,although it can be“mild”in form,it still“plays a role in deconstructing the modern nation-state system and is still ugly in nature”(Zhang Guoqing and Wang Ziqian,2017).How to govern these kinds of movements effectively is an urgent problem to which western multi-ethnic countries must respond positively in a timely manner.Modern society is currently in an era in which there is a heightened awareness of rights and the philosophy of the rule of law.Therefore,governance by law,especially constitutional governance,is bound to become the basic strategy of effective governance of the crisis of the referendum for separation in multi-ethnic countries.It should be further explored and deepened so as to become a“stabilizing force”in the construction of western multi-ethnic countries.