may exist in a democratic country, parts of its territory to impose totalitarian parties govern all residents totalitarian policies? The answer, from the perspective of political science and constitutional law, it could be detrimental. A country can not be partly democratic and partly not, there may be a fee for some of its nationals and others not. The issue is so clear that any lawyer or political scientist would put in doubt. But as the reality goes beyond any theory there is no choice but to finally answer that yes, it is possible, because of such an aberration that is now the constitutional Spain.
Indeed, this is the moment that there are some areas which are not only deprived of the right recognized by the Constitution to speak, study and socialize in Castilian, the official and common language of the state, but also an obligation to do so in another language, even if co-official in the Autonomous Community in which to speak. Thus, several rights are being violated under the Constitution when it requires all those who agree and those who do not totalitarian policy. In Catalonia, the Basque Country, Galicia and the Balearic Islands, currently, their respective governments formed by coalitions of nationalist and pseudonacionalistas are clearly violated, of course, with its language policy, Article 3 of the Constitution. But it is also are also contravening other fundamental rights enshrined in the Constitution, because of its imposition of that teaching is in a language that is not the official statewide and that is not voluntarily chosen.
and be careful, first, against Article 14 which states that all English people are equal before the law and, therefore, before the Constitution, which establishes the right and duty of the English people to know and use the Castilian or English. And it affects, similarly, Article 27, which states that education is to "the full development of human personality on respect for democratic principles of coexistence and rights and fundamental freedoms ", teaching must be done in the official state language, such as vehicular language and, also, if desired by the parents, may also consider, where appropriate, the other co-official languages, but never so imposed, but on a voluntary basis. This follows from Article 148.1.17, stating that the competence of the Autonomous Communities, as established by the statutes, "the teaching of the language of the Autonomous Region" and not "education in the language of the Autonomous Community" , as has been wrongly interpreted. |
This is what the Constitution says and what should govern, since it is the first of State rules and they are required to comply all branches of government. However, we know that is not true that the nationalist regimes have been gaining ground gradually, up to reverse the terms of what the Constitution says. What is more, these parties advocating "illegal" the right to decide their future, are Basque, Catalan, Galician or Balearics or not to be separated from the rest of the state as irresponsibly recognized the Basque prime minister himself, no are able, however, using the same criteria for living in their territory may also decide in which language they want to work or to study their children, because if was the result should be reminded that you can do more, I can at least. neototalitarios | But who are today in the governments of these regions are well aware that the imposition and dominance of the language is the best tool that exists to reach their secessionist dreams, even trampling on the rights of many of the English who live there. Think, but do not say, which is the space that defines the language, but it is the language that defines your space, because we should not forget that the language is precisely because of its infinite generative capacity and its role of being the vehicle of collective representations, an instrument neototalitarios appears to be the best support from their sleep in the quest for absolute power.
Through the native language does not just want to get the predominance of power in the future, but also in the meantime, many advantages to living in such territory, thus promoting a stupid inbred in all areas. I have had the opportunity to check not long ago, during a competition at a Chair of Constitutional Law at the University of the Basque Country in which I was part of the Tribunal. The day of submission of the opponents, there were only two: the local candidate and a disciple of mine. But to my surprise Chief Justice, who was not Basque, said my pupil was excluded from the opposition because it had not been submitted to a preliminary examination to demonstrate their knowledge of Euskara, a requirement that had been cast illegally in the call as if it were a natural . Naturally, I refused to accept such arbitrary and threatened to leave the Court. At the end I did not mount a scandal, but do not know if I was wrong. In any case, I made a dissenting opinion against such abuse, while my student filed a judicial review lost in the first instance, naturally in a Basque Court, turning then to the Court Top of the Basque Country, which gave no reason for the blatant discrimination that had been subjected.
the Constitutional Court will finally decide who, having filed an appeal, if, in the light of this discrimination, the Constitution also applies in the Basque Country. The odd thing is that thus, through language, Basque, Catalan or Galician will be secured positions in the University or the Regional Administration for them, whereas if they are interested can also attend the competitions any University or Authority in Spain, no one will put impediment. I remember well-known story of that old woman who, after the Popular Front deployed in the aftermath of the Second Republic, knowing that it would expropriate all land to hand out to people, and said sarcastically: "Very good, because between that I have and touch me in the cast, will gain ...».
The sad part is that we have passed from Franco's totalitarian state, with its motto of "speak the language of the Empire ', a linguistic balkanization in that we wish to banish the official language in schools and Universities. All these assumptions seem to me a huge crap in which things are exorbitant. Of course, blame for this situation is not the current government, or rather, not just the current government, but all previous governments did little or nothing to find a balanced solution to this problem.
The explanation is very clear, and none other than the enormous arrogance which have been learned over the years, small nationalist parties thanks to an absurd electoral law that has made them sometimes necessary parties to govern the minority parliamentary majorities . Moreover, the Constitutional Court is also guilty of any rulings that went against the rights of many English who live in communities that were truly bilingual since they have been forced to study in a language not their mother tongue. It has gone well, three hours of Catalan, by setting an example of Catalonia, which was in force for 25 years, after three hours of Castilian, which is not even true, as just noted a Court of Catalonia,
The war of languages \u200b\u200bis a genuine outrage that the Manifesto for the Common Language denounced see if I can remedy this neototalitaria policy before it is too late. For what is at stake, there is a preponderance of one or another language, but two key issues. On the one hand, to prevent many English study or work in the language you want, they live in bilingual communities. And, secondly, that for purely practical reasons we should all know the official state language, promoting, at the same time, bilingualism in communities where there is another language.
But that's not necessary to amend the Constitution, which also would be virtually impossible at this point, but suffice to meet what they say several of its articles. Article 3, which states that Castilian English is the official state language, so all the English have the duty to know and the right to use them, the other co-official English languages \u200b\u200bin their respective regions. The Article 139, which states that "all English citizens have the same rights and obligations in any part of the territory of the State." And finally, 149.1.1, which states that the State has exclusive jurisdiction to "the regulation of basic conditions guaranteeing equality of all English citizens in the exercise of rights and in fulfilling their constitutional duties." Simply applying the Constitution there would be no problem. However, in this case as in others, we are approaching the caricature of rule of law that was introduced with the Restoration and he did say cynically Cánovas, its creator, that "Spain is a country of rigid laws that mitigate the breach thereof. "
Well, in the current regression of our rule of law, at least on this issue, they are guilty, as I say, the various governments that have followed, the judiciary is also being increasingly Balkanizing, despite which is the only power that must be unique and common throughout the state and, finally, the guarantor of the Constitution, ie, the Constitutional Court, which has a conflicting jurisprudence, which has certainly encouraged this conflict. In any case, if the Common Language Manifesto does nothing to stop this cultural suicide of our country, as a result of absurd war between languages, just stay the appeal, if not successful the bill to be presented by Rosa Díez, to benefit from a bill of popular initiative, which was endorsed by more than half a million signatures, as 87.3 of the Constitution established. Of course this requires that citizens affected by these discriminatory measures react, because we know that democracy also gives everyone the right to be his own oppressor.
Jorge Esteban is a Professor of Constitutional Law and chairman of the Editorial Board of THE WORLD.
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