There are two types of constituent referendums

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Without going into political issues, we will explain whether the Catalan independence referendum is legal or not and the procedure for holding a referendum in Spain. All from a legal point of view, in accordance with the laws of our system.

First of all, we must be clear about what a referendum is: it is a form of popular consultation. It is an instrument of direct political participation , that is, the opinion of the electorate is gathered regarding certain political issues.

«All referendums are popular consultations, but not all consultations are referendums.»

Following the concept given by the Constitutional Court, STC 103/2008, of September 11 , indicates: " the referendum is a species of the genre "popular consultation" with which the opinion of any group is not collected on any sweeden number matters of public interest through any procedures, but that consultation whose object refers strictly to the opinion of the electoral body regarding public matters proper to article 23 of the Constitution, and which is substantiated through the corresponding electoral process (...) its call falls within the exclusive reserve that, in favor of the State , contains article 149.1.32 of the Constitution. "

Types of referendums
There are two types of referendums:

Constituent: in turn one of an optional nature ( article 167.3 CE ) and the second of an obligatory nature ( article 168.3 CE ). In constitutional matters, the referendum is almost obligatory and its effects are binding.
Advisory: included in Article 92 of the Constitution, which addresses political decisions of special significance.
We will focus on the consultative referendum since the constituent referendum refers to the procedure for reforming the Constitution.

Consultative referendum
Article 92 of the Constitution establishes that " political decisions of special significance may be submitted to a consultative referendum of all citizens, which shall be convened by the King, through a proposal by the President of the Government, with prior authorization from Congress."

According to article 149.1.32 CE and article 2.1 of the Organic Law of 18 January, on the regulation of the different types of referendum: only the Spanish State has the authority to call a referendum. The conditions and procedure of the referendum must be regulated by an organic law. Only the Cortes Generales can do so and with the qualified requirement that it must be approved by an absolute majority of Congress.