Reconocimiento y garantía de «superderechos» en Cataluña Una propuesta alternativa tras la STC 31/2010

This paper consists of two parts. T he first makes a detailed analysis of the phenomenon of the recognition and protection of rights by the statutes of autonomy (called statutory rights). The paper criticises the recognition of rights by this means. As regards the protection of those statutory rights, this paper focuses on the binding opinions of the Council of Statutory Guarantees of Catalonia on bills concerning those rights. These binding opinions were declared unconstitutional by the Judgment of the Spanish Constitutional Court 31/2010. The paper explores the reasons for this unconstitutionality. The second part proposes a new system of recognition and protection of «super-rights» in Catalonia that is respectful of this ruling of the Constitutional Court. Such proposal is inspired by British and Canadian weak constitutionalism.