Miguel Herrero y Rodríguez de Miñón's legal thinking

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Gonzalo Fernández Codina

Abstract

Miguel Herrero y Rodríguez de Miñón is mainly known for his role as a constitutional and political speaker in the years of the Transition. However, he is also the author of an extensive legal work in which he has developed a very original and suggestive thought but little known and, to a certain extent, disdained. This text reviews his main ideas and arguments around the set of interconnected notions that have occupied practically all of his philosophy: the meaning of the Law, the monarchy, the being of Spain as a nation, its integration with the rest of the Spanish nations and Europe.


We will maintain that Herrero’s neo-foralist approach, correctly understood, entails a very sui generis and dubious proposal in several points but, nonetheless, with great political potential. A proposal which should not be assimilated with either federalism or confederalism, and, contrary to what has been common interpretation, where the right of secession has a difficult fit.

Article Details

Keywords:
Miguel Herrero y Rodríguez de Miñón, Historical rights, Foralism, Self-determination, Nationalism, Monarchy, European Union
How to Cite
Fernández Codina, G. (2024). Miguel Herrero y Rodríguez de Miñón’s legal thinking. Journal of the Cortes Generales, (118), 115-160. https://doi.org/10.33426/rcg/2024/118/1832

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