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Francisco Javier Romero Caro


Since it was passed, the Clarity Act has been at the core of any secessionist debate in Canada and abroad. Although contested at home, the Clarity Act has earned worldwide prestige as the democratic standard that must be observed when a secessionist debate arises. In the last fifteen years Spain has experienced successive debates about the need to establish a mechanism of popular consultation to address secessionist claims in the Basque Country and Catalonia. Most political actors in favour of such consultations have expressed their will to import the Canadian Clarity Act as a tool to settle disputes on how to conduct a referendum. However, this deification of the Canadian example is, for the most part, based on a misreading of the Secession Reference, only taking into account certain passages while ignoring others. The emphasis tends to be made on the quantitative clear majority test, disregarding other factors. Hence, the aim of this paper is to study the causes of this deification of the Clarity Act in Spain, and its influence on the treatment of secessionist claims that the country is currently experiencing.

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Jeremy Waldron

contemporary audiences— contemporary with its original promulgation—would have understood it. Authors’ intention or audience’s understanding?—that is the question. Allan claims that if we stick with original understanding, as Scalia did, then we face the problem of constructing an idealized version of the eighteenth century audience whose understanding this version of originalism is supposed to privilege. He implies that the older originalism faces no such difficulty, presumably because many fewer people were involved in authoring the Constitution than in understanding it

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Thomas Halper

, for his judicial language was not at all inoffensive or soft spoken, but instead aggressive and unyielding, at times even pugnacious and partisan, as in his attacks on Jefferson’s administration in Marbury or on Maryland in McCulloch . Yet on the other hand, the style comported perfectly with one of whom a contemporary remarked, “In his whole appearance and demeanor, dress, attitudes, gesture, sitting, standing, or walking [Marshall] is as far removed from the idealized graces of Lord Chesterfield, as any other gentleman on earth.” W ILLIAM W IRT , T HE W

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Michael A. Livingston

of this means that there is nothing to be learned from the Nordic tax model, only that one must be careful about idealizing models of any kind and assuming that the more and less attractive features of a particular tax system can be separated from one another. Environmental taxes Carbon or similar taxes are another Nordic policy that has attracted attention in North America and other regions. Such taxes are attractive because – not unlike alcohol, tobacco, or other “sin taxes” – they both collect revenue and discourage socially harmful activities. The

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Irene Spigno

-Determination Without Jeopardising the Rights of Others: The Catalan Model’, St. Thomas Law Review , XIV: 395-399. • Quadri Rolando, 1968, Diritto internazionale pubblico , Liguori, Napoli. • Qvortrup Matt, 2014, ‘New development: The comparative study of secession referendums’, Public Money & Management , XXXIV(2): 1-4. • Romero Caro Francisco Javier, 2017, ‘The Spanish vision of Canada’s Clarity Act: From Idealization to Myth’, Perspectives on Federalism , IX(3). • Ruggiu Ilenia, 2016, ‘Referendum e secessione. L’appello al popolo per l’indipendenza in