El papel de la provincia en el Estado autonómico

Abstract

Over the last few years, the constitutionalists and the public opinion have discussed about the role of the Province in the Spanish State of the Autonomies. This debate reached its climax after the enactment of the new Autonomous Statute of Catalonia, which provides a new territorial organization based on the so-called “veguerías”. In this scenario, the article analyzes the constitutional provisions regarding the Province –which is understood at the same time as a territorial division of the State and a local government– and it pursues to arise a debate about the grade of diversity that the Constitution allows in relation to the specific organization of intermediate local governments in each Autonomous Community. The article defends a more flexible and realistic interpretation –due to the current heterogeneity– of the constitutional guarantee of the Province. This interpretation could be only possible if the State legislator (“basic state legislator”) restraints itself and the Constitutional Court changes its case law.