Constitutional patriotism is a German doctrine coined by Sternberger in 1979, on the thirtieth anniversary of the German Constitution. He used the term to refer to the new form of collective identification generated after World War II, and centred on the democratic state which had emerged under the Constitution of 1949. During the 1980s, in the course of the historians’ dispute (Historikerstreit), Habermas popularised the concept in response to the problem of collective identity. However, he did stress fundamental rights and democratic principles recognised by the Constitution rather than the state institution. In both cases, it can be said that German constitutional patriotism is closely linked to republicanism and civic nationalism. On the contrary, when Spanish scholars and politicians imported constitutional patriotism, the original version suffered a severe distortion. This misuse can be understood by turning to the aim which led Spanish theorists to introduce constitutional patriotism in their country: supporting the territorial model established by the Constitution of 1978. In the second article of the Constitution, Spanish national unity is recognised, with the subsequent ban on the self-determination of other nations within the state (mainly, Catalonia and the Basque Country). In order to reinforce that unitary model, constitutional patriotism was interpreted as a form of collective identification with the Constitution itself, that is, with the legal norm passed in 1978. Quite the opposite, German constitutional patriots focus on the universalistic and democratic principles contained in certain constitutions, but not in others. In this sense, whereas in Germany constitutional patriotism is connected with democratic fundamentalism, in Spain has served to support a kind of constitutional fundamentalism which prevents any constitutional amendment. However, the mistranslation has remained hidden and its advocates have taken advantage of Habermas’ prestige.
