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Banned Catalan Parliament Session, The Destination Of Democracy

Spanish courts banned the parliament session side past times side Mon (October 9th) because in that location is a "possibility" that the proposal to declare the independence could hold upward tabled too discussed in that location – which indeed seems to hold upward the case. But nosotros can't know for sure what they're truly going to verbalize over too what the effect volition be. In particular, in that location are disagreements betwixt the lawmakers too it's totally uncertain whether the independence would hold upward approved inwards the electrical flow province of affairs too amongst then piffling support.

Just to hold upward sure, I would vote for independence if I were a Catalan lawmaker. Kingdom of Spain has declared some form of a state of war on the region, anyway – for example, tomorrow in that location may hold upward a decree to speed upward the relocation of HQs from Catalonia (probably some other human activeness that won't hold upward seen as a confession of honey inwards Catalonia) – then it seems light-headed to fence amongst some economical losses. At to the lowest degree some temporary losses are unavoidable straight off too the long-term outlook makes the independence a internet benefit, of course, because Catalans volition larn rid of the duty to constantly subsidize less productive Spaniards who are clutching Catalonia too sucking its blood as if they were 39 1000000 ticks.



A fatty lady too a gay pretended to hold upward a perfect couplet at Barcelona 1992 Summer Olympics – but they sounded great. This video is relevant because of Barcelona but also because much of the text below is virtually Summer 1992, too.

Kingdom of Spain should receive got negotiated amongst Catalonia because it has been clear for a long fourth dimension that the thirst for independence may easily surpass the 50% threshold. Because it didn't, it could receive got enforced the dominion of law. But the electrical flow law – which says that Kingdom of Spain is indivisible too local plebiscite aren't constitutional – but cannot imply that people are beaten on the street or prevented from throwing ballots to boxes. At most, it tin hateful that this exercise volition receive got no legal power: the effect can't hold upward considered the effect of a valid plebiscite inwards the constitutional sense. So according to the European standards, the law enforcement could receive got exclusively begun i time someone would do something that is illegal according to the Castilian law too legal according to the thought that "the plebiscite has decided virtually the independence".

Instead, the voters were beaten preemptively, already for the manifestation of their opinion. This was a clear violation of their liberty of spoken communication too their correct of assembly.




At whatsoever rate, 90% voted inwards favor of the independence too in that location were previous commitments past times the Catalan regime to declare the independence if a bulk votes similar that, regardless of the outcome. Again, according to the Castilian laws, the proclamation of independence powerfulness hold upward considered void but the Castilian province has no correct to preemptively disable pillars of democracy.

In practice, it seems that the Castilian police line volition either travail to lock the edifice of the parliament; or arrest the Catalan lawmakers.




There's indeed a endangerment that they volition verbalize over too approve the independence on Monday, Oct 9th. If the Castilian regime were decent but insisted it wants to struggle this battle – but inwards a legitimate European vogue – it would but say inwards advance that such a proclamation volition hold upward void too the Castilian enforcement forces' actions volition build on the continued supposition that no proclamation of independence volition receive got taken place. In other words, the prime number government minister could say that "whatever the lawmakers volition say virtually the independence volition exclusively hold upward a theatre amongst no legal implications". But they should yet hold upward allowed to say these things virtually the independence because the lawmakers should receive got the liberty of speech, too.

Trying to preemptively preclude the Catalan lawmakers from the entry to the edifice or arrest them "just to hold upward sure" violates the basic rules of republic – such as the correct of the people to receive got political representatives too indeed, the presumption of innocence. These lawmakers haven't done anything incorrect [yet] then they patently cannot hold upward arrested inwards a province that respects the dominion of law! Just imagine if the courts could arrest anyone amongst similar "preemptive" excuses. The province would patently larn an authoritarian regime correct away.

The courts but don't receive got the correct to preclude lawmakers from coming together too discussing proposals. This overreach of the courts, the judgeocracy, is oft criticized past times the Czech ex-president Klaus. And to some extent, the changes of the procedures affecting Polish judges of late introduced past times the Polish regime receive got real similar reasons: to protect the basic mechanisms of republic against activist judges whose wishing is to straight influence the political process. That may hold upward the argue why the European Union attacks Poland – because the European Union is the clique that truly wants to cripple republic inwards this way.

The obsessiveness amongst which the Castilian politicians travail to maintain Catalonia as a move of Kingdom of Spain is rather scary. Needless to say, Czechs were thinking differently on July 17th, 1992 – the counterpart of Oct 9th, 2017. On that day, The Slovak National Council – the parliament of the Slovak Republic located inwards Bratislava – approved the Declaration of Independence. Most Slovaks rejoiced much similar most Americans on July 4th, 1776. Most Czechs were to a greater extent than dismissive but in all likelihood less angry than most Britons (especially the king) inwards 1776. ;-)

Here's the total text of that declaration:
We, the democratically elected Slovak National Council,

solemnly declare

that the K years' struggle of Slovak nation for independence ("self-standing") has been fulfilled.

In this historical moment, nosotros declare the natural correct of the Slovak nation for self-determination, as embodied past times all international agreements too treaties virtually the correct of nations for self-determination.



Recognizing the correct of nations for self-determination, nosotros declare that nosotros also wishing to freely create the vogue too degree of national too province life, patch respecting the rights of everybody, all citizens, nations, national minorities, ethnic groups, the democratic too humanist legacy of Europe too of the world.

By this declaration, the Slovak National Council declares sovereignty of the Slovak Republic as a footing for a sovereign province of the Slovak nation.

Bratislava, 17 July 1992
If the Catalan lawmakers don't know how to write a proclamation of independence, they may but supplant "Slovak" amongst "Catalan" above. ;-) Also, banking firm complaint that there's no comma earlier "that" inwards English linguistic communication then that a Czech blogger doesn't receive got to fix the declaration, as he had to fix the Slovak one. When I read the text today, I believe that it wasn't terribly publicized inwards Czech Republic of 1992 (well, it wasn't our large day, I yet recollect LOL) – too the text sounds to a greater extent than reasonable than how nosotros were viewing the Slovak nationalists at that time.

They receive got declared the independent Slovak province – or the kickoff of the physical care for to build it. It doesn't truly affair how y'all position it. I ask to brand this signal explicit because inwards the morning, I was contention amongst a Slovak guy who had claimed that the Slovak lawmakers wanted to build a ameliorate Czechoslovak federation! They truly didn't, bro. This declaration, approved past times 130+ of 140+ lawmakers, an overwhelming majority, showed that the Slovak parliament was truly to a greater extent than pro-secessionist than the Slovak prime number government minister Vladimír Mečiar. Despite the caricatures, Mečiar was relatively pragmatic, willing to consider a continued Czechoslovak state, but the circumstances suggested something else. The atmosphere inwards the Slovak National Council was heavily affected past times the Slovak National Party which was patently much to a greater extent than pro-secessionist than Mečiar.

(Aside from the Slovak guy's ignorance of basic facts too his misunderstanding that the independence too sovereignty are truly the same thing, he complained virtually the being of the Czechoslovak Television inwards 1992 – too the non-existence of the Czech Television. He reminded me of all this irrational Slovak whining nosotros were exposed to betwixt 1990 too 1992. For him, the non-existence of the Czech Television was a proof of "chauvinism". Holy cow. Why should the federation imply that in that location receive got to hold upward separate telly studios? Also, why should the Slovaks intervene into the Czechs' internal affairs too create upward one's heed whether Czechs volition build their ain separate television? ;-) And yes, many things at the bottom were "asymmetric" inwards the federation. Slovaks had the "Slovak Television" inwards Bratislava because they receive got e'er loved these seceded names, too Czechs allowed these names, patch Czechs were precisely OK amongst the Czechoslovak Television inwards Prague too felt no ask to build a separate one. In fact, fifty-fifty the Communist Party of Slovakia had existed inwards Slovakia but all the commies inwards Czech Republic loved to telephone telephone their political party The Communist Party of Czechoslovakia. All these things were but caused past times the much higher wishing of the Slovaks to separate themselves inwards some way. It wasn't our fault. We didn't receive got this wishing but it wasn't due to "chauvinism", as the Slovak whining loved to say. It was but because nosotros were OK amongst the federal province too its televisions. Once nosotros saw that the Slovaks were truly then allergic virtually then many unproblematic things that are unified inwards a province – similar the populace television's studios – nosotros understood that their dream was the independence or at to the lowest degree something that nosotros inwards Czech Republic apparently called the independence. Some Slovaks did verbalize virtually a federation amongst separated ministries for everything, 2 televisions, 2 chairs inwards the U.N., 2 [everything] – what assort of a federation is it? In what feel nosotros would hold upward i country? So Czechs patently wanted to dismiss too avoid all this verbalize that made no feel whatsoever too they did, starting amongst Václav Klaus.)

OK, supply to this July 17th, 1992. The Declaration of Independence inwards a higher identify clearly violated the constitution of the Czech too Slovak Federal Republic of that fourth dimension – which hardly allowed the foundation of novel sovereign nation states on our territory. In that sense, every constitution of a province – Czechoslovak or Castilian or some other i – is analogous. Do y'all recollect that nosotros sent the Czech or Czechoslovak police line to suppress the Slovak parliament, earlier or afterward the declaration? Or the army? What do y'all think: How many Czechs were proposing such a solution?

Zero. Just zero. It was absolutely unthinkable because trying to solve such disputes – which receive got by too large transformed to a dispute betwixt 2 nations – past times the forcefulness is absolutely unwise, primitive, violent, too in conclusion self-destructive because it's truly the firstly footstep to ignite a novel war. They patently violated the laws of Czechoslovakia as nosotros had known it for some years earlier the declaration. But they were non hiding it. It was a proclamation of a novel country, a novel regime on the territory of Czechoslovakia, then how it couldn't receive got violated the laws of the province that was formally divided past times that act? Czechoslovakia was also created inwards violation of the (1867-1918) constitution of Austria-Hungary. Not fifty-fifty the form George Washington begged for a permission from King George III inwards 1776. And inwards July 1789, the French manlike mortal monarch could receive got told the people that they had to cancel their plans for a French Revolution because it was unconstitutional. Maybe, disappointed citizens would receive got realized their error too returned home. Vladimir Lenin didn't hold off for the permission from the tsar too his guys (or the temporary republican government) – the Bolsheviks shot from Aurora to the Palace without an monastic say from the constitutional court. The Velvet Revolution has violated the constitutional paragraph virtually the leading move of the communist political party inwards our society. Such violations of the law are truly a dominion past times itself. ;-) History happens, ladies too gentlemen.

Instead of ideas virtually the police line or the regular army sent to Slovakia, millions of Czechs said "let them go" on that day. The Czech version of the sentence, "ať si jdou", was truly pronounced millions of times on that day, slightly earlier that day, too also slightly afterward that day. Regular people as good as irregular people receive got been heard to say the same sentence. If the overwhelming bulk of the Slovak lawmakers inwards their parliament (there was also a federal parliament which had 2 chambers, the Chamber of the People amongst proportional representation, too the Chamber of the Nations which was 50% too 50% Slovak) is willing to violate the Czechoslovak laws inwards that obvious way, it precisely way that Czechoslovakia has striking a roadblock on 1/3 of its territory.

There's no vogue to fix the employment patch preserving Czechoslovakia. The same Czechoslovak constitution assumes that a novel Slovak parliament may hold upward elected but it volition hold upward as secessionist. The employment is clearly unsolvable within the Czechoslovak laws. Influenza A virus subtype H5N1 split Czechoslovakia contradicted the constitution but then did a Czechoslovakia amongst a permanent martial law inwards Slovakia (or concentration camps for Slovaks). Could we, the Czechs, receive got elected a ameliorate Slovak nation than the Slovak nation nosotros weren't quite satisfied with? Maybe. Maybe nosotros could receive got elected Slovenes as our novel Slovaks. They would in all likelihood hold upward to a greater extent than loyal – they were to a greater extent than loyal inwards Austria-Hungary, inwards Yugoslavia, too are currently climbing the Italian too Austrian rectums intensely, too. They would receive got fairly too happily cooperated amongst us. But Czechoslovenia wouldn't hold upward a full-blown Czechoslovakia anymore. Americans wouldn't reveal whatsoever deviation but mayhap a Czechoslovak constitutional guess would reveal the deviation betwixt Czechoslovakia too Czechoslovenia too a novel constitutional crisis would begin, anyway. ;-)

And it's but cheaper to bring the fact too bring together them inwards the deconstruction of Czechoslovakia. Rationality too pragmatism are 2 of the reasons it was then unproblematic for Czechs. Another i was that nosotros truly didn't "exploit" the Slovaks or didn't dramatically "benefit" from having them inwards the same country. They had the appropriate proportional influence on the ability – fifty-fifty if they increasingly loved the paranoiac beliefs to the contrary past times 1992 – too Slovakia was almost certainly subsidized around 1992 although some flows could receive got been a chip complicated then in that location may hold upward "some vogue to count the flows" that could terminate upward amongst the opposite conclusion. At whatsoever rate, most Czechs for certain didn't recollect too don't recollect that nosotros were milking Slovakia inwards some vogue too this perception was arguably to a greater extent than relevant than the actual numbers.

So the dissolution is precisely a rearrangement of things, a zero-sum game for both sides. We shared three rooms inwards a menage earlier the proclamation too could motion inwards betwixt all the rooms. After the declaration, 2 rooms were supposed to hold upward reserved for Czechs, too 1 room – a dainty large lav extended to a fancy living room amongst the posters of High Tatras on the wall – was all of a abrupt reserved for Slovaks. We didn't recollect it was a large improvement but nosotros knew that co-habitation requires some consensus. They thought it was a vital improvement then nosotros had to enable it.

On that day, hours afterward the Slovak Declaration of Independence, the Czechoslovak president Václav Havel resigned. He saw that the fate of his federal province was going inwards a completely dissimilar direction than what he wanted, what he expected, too what he could swallow. He made some bitter comments – too they were plenty for him to hold upward hated past times most Slovaks – but he didn't consider whatsoever violence against Slovakia for a second, either. His comments that the separate countries are a terrible thought presently turned out to hold upward rather hypocritical when he was elected past times the Czech Parliament to larn the firstly Czech president. But of course, almost everyone forgave him this hypocrisy. (Maybe, he faced some endangerment of non becoming the Czech president if he had failed to resign as the Czechoslovak one.) He had a proficient plenty mention abroad too nosotros didn't wishing to sacrifice it inwards 1993.

OK, my chief signal is that the laws of a province – too countries themselves – can't hold upward assumed to hold upward completely eternal. Countries too their laws are non holy or telephone substitution laws of physics, either. They're temporary conventions created past times the people inwards monastic say to brand the people's lives sufficiently good, safe, too just. Sometimes large forces collide too apparent conflicts betwixt diverse principles, several parliaments, or several laws may emerge. It's incorrect to dogmatically choice some of the laws or legal potency too promote them at whatsoever cost. Influenza A virus subtype H5N1 wise politico too a wise nation knows that at the end, the laws aren't the ultimate goal. The laws are precisely a tool to accomplish something that is proficient for the people.

When a decisive move (a majority) of the people on a territory believes that sure laws too their blind enforcement causes a large problem for them too they're fix to surrender a lots of things, to resist, or to fight, it's but a proficient thought for the others to permit them move too create somewhat dissimilar laws. When i blindly enforces the laws fifty-fifty against millions of sane people amongst a create clean criminal record, he may maintain these laws valid again. But he erodes the legitimacy too potency of the laws too the whole scheme inwards the future. And this erosion may Pb to the ask to enforce the laws fifty-fifty to a greater extent than brutally inwards the future. And when it becomes clear that this dynamics is going to spiral out of command – too inwards the Catalan case, it was clear to me already earlier the plebiscite – it's ameliorate to halt this spiraling physical care for as presently as possible.

Alternatively, y'all may permit Mother Nature to halt this spiraling dynamics. When a state of war is on for several years too most of the men too boys who are capable of struggle receive got been killed, the exponentially growing dynamics reverses as well. It's by too large the Castilian politicians who are deciding whether they wishing to hold upward inwards accuse of the regulation of this dynamics, similar the Czechs who had yet "somewhat bigger influence" on the progress inwards the Velvet Divorce, or whether they move out it to Mother Nature.

And that's the memo.



All centre correct iDNES.cz upvoted comments (EN) receive got denounced the ban on the parliament session too other democratic procedures. Many of them comments were truly funny, explaining what is legal too what is illegal according to the "Western democracies". In particular, a microagression against the Crimean Tatars too the voting inwards Catalonia were loudly denounced past times the European Union authorities but the shooting into the peaceful Catalans within the European Union is OK.

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