A Constitutional Right to Secede? Basque Nationalism and the Spanish State

This article analyzes the strategic parameters of a constitutional right to secede. It argues that these parameters help to qualify the right as a potentially effective alternative to either status quo symmetrical arrangements or a constitutional right to national territorial autonomy. To frame the right in this way is a little like decriminalizing drugs. If we legalize secession under certain conditions, we also eliminate much of the volatile tension underlying the demand for secession. Granted, it is possible that such a right might encourage the Basques to secede. However, this is precisely why we need to frame the right to secede in a highly restrictive manner, so that we can strengthen the accountability of this right under public law and redress the residual link between violence and the demand for secession.