EL TÉRMINO NACIÓN ESPAÑOLA EN SU CONTEXTO CONSTITUCIONAL

Abstract

This work starts from the theoretical distinction between nation in the legal-political sense and its historical-cultural meaning. On that ground, it tries to discover what is the concept of nation used by the Spanish constitution. From the legal-constitutional analysis made, the conclusion is that the word nation is used in the legal-political sense and is equivalent to people, fatherland, Spain or State, although a distinction may be drawn between constituent-nation and constitued-nation to find the precise meaning of all those terms. In contrast, the concept of nation in its historical-cultural sense is partially used in the Constitution —if we base ourselves on the constituent’s will— under the term nationalities and regions, although confining their aspirations —this is why we say partially— to the right to autonomy and not to the right to sovereignty.