The Legal Pattern of Balance between territorial self-government and the indivisibility of nation in the thought of Spanish Constitutional Court (the case study of Catalan's independency)

The Spanish legal system, which is administered due to ethnic, cultural, linguistic, and religious differences with open decentralization system and in the form of a regional system giving autonomy to different 17th regions, can be considered as a large state whose decentralization does not have the same level of compound states. In opposite direction of maintenance regional decentralization, and freedom of local units, Spanish constitution did not disassociate the limitation of Spanish indivisibility as a red light. To guarantee and safeguard these principles, the role of central government institutions including Spanish Constitutional Court is more evident from all institutions at different times, especially in recent years when feeling of independency has reached its peak. Given the disputes occurred between central government and institutions of Catalan autonomous region, court essentially faces two important principles. One of these principles is constitutionalism that emphasizes the maintenance of constitutional sovereignty and its important principles including indivisibility of nation, and the other is self-determination right, contrary to its legal concept which expresses freedom of action and administrative of autonomous regions, has shown tendency toward secession in political concept. In the first place, the influence of court on political order arises from the role played by arbitration or judgment between central government and local autonomous units, and constitutional judgeattempts to reduce tensions and create necessary balance between autonomy of regions and integration of nation in such a way as to safeguard indivisibility and sovereignty of Spanish people and protect autonomy of regions.