Open letter to Miguel Herrero, so-called 'father' of the Spanish Constitution

Professor Enric Casulleras (University of Vic, Catalonia) 

 

Catalonia’s Parliament just supported holding a referendum on independence despite the Spanish Constitution’s ban on secession. But at the time that the Law was written, in 1978, the army had a strong interference on the writing of the Constitution.

We present you an open letter from Professor Enric Casulleras (University of Vic, Catalonia) addressed to Dr. Miguel Herrero y Rodríguez de Miñón, one of the “fathers” of the 1978 Spanish Constitution and currently member of the Spanish Council of State, asking to give explanations about the terms of this interference.


 

Distinguished and admired Don Miguel,

I have long looked forward to your intervention in the current debate on Catalonia's secession process. 

 

Since it seems the main argument against a unilateral declaration of independence is its illegality with respect to the Spanish Constitution, I would kindly invite you to remind all Spaniards of the circumstances under which one of its articles was written.
 

I am referring to the article that talks about the indissoluble integrity of the Spanish territory, and of the direct role that the Spanish Army's high command had in its drafting. 

Indeed, it was precisely your name that appeared on the envelope with the Army's official letterhead that was brought in as the Constitution's drafting committee was discussing such a thorny matter. You would make a great contribution to democracy if you revealed the terms in which the Army threatened to intervene should the content of the envelope not be incorporated, with no modifications, into the Constitution.

All citizens would then be aware that the highest norm of the Spanish juridical order was imposed under duress and grave threats. As the lawyer that you are, you know better than myself that contracts signed by parties under threats and duress are flawed and legally invalid.

May I assure you that my request in no way diminishes the high regard merited by your illustrious contribution, both humanist and intellectual, to the peaceful coexistence between the citizens of this country (soon to be countries, I hope).

 

With my most respectful regards,

Enric Casulleras