I won't claim you are doing this intentionally, but I find it strange that you care so much about being (in my opinion) rather pedantic in this way? Don't you think it's perfectly reasonable - as a bystander and not a member of the legal profession - to apply your imagination over what ought to be and not the semantics of what is? And to engage in a debate on that basis? Do you really think that whether or not judges are free to ignore precedent has any effect on how Catalans and Spaniards feel about this decision? Or am I missing the point of your comment?