Global Perspectives On Subsidiarity

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.

This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

This book assesses the rapid transformation of the political agency of religious groups within transnational civil society under the conditions of globalization that have weakened the sovereign nation-state. It offers a comprehensive synthesis of the parallel resurgences of Jasper’s axial thesis from the distinct lines of research initiated by Eisenstadt, Habermas, Taylor, Bellah, and others. It explores the concept of cosmoipolitanism from the combined perspectives of sociology of religion, critical theory, secularization theory, and evolutionary cultural anthropology. At the theoretical level, cosmoipolitanism prescribes how local, national, transnational, global, and virtual spaces ought publically to engage in transcivilizational discourse without presuming secular assumptions tied to cosmopolitanism. As a transnational extension of the moral-ethical universality of the great Axial Age traditions, cosmoipolitanism provides an ideal description of empirical data. Employing the insights of critical theory, this book offers a micro-level analysis of the pragmatics of discourse of each of the major axial traditions producing a genealogy in iterated stages of the dialectics of secularization as a multi-faceted narrative of the role of religion in alternative modernities. While circumscribing the particular historical limits of each tradition, the book extends their internal claims to species universality in light of the potential for boundless communication Jaspers saw as initiated with the Axial Age. In Jon Bowman's novel and important work, he rethinks the challenges of global justice. Bowman is not just concerned with global justice in the modern world, but with a genealogy that begins with a better understanding of the Axial age, one that is also the unique signature of cosmoi-political institutions. Arguing with depth and precision, Bowman challenges Kantian and Rawlsian universalism. His argument provides a new interpretation of cosmopolitan justice as he explores the deeper roots of cosmopolitan justice. James Bohman Saint Louis University Jon Bowman’s Cosmoipolitan Justice is an important, innovative and timely work. Construing globality in terms of pervasive conditions of worldwide interdependence, Bowman advances a decidedly pluralistic account of cosmopolitanism, one uniquely shaped by recent theories of multiple modernities. His analysis is sustained by a highly informed appropriation of such diverse thinkers as Theodor Adorno, Abudullah An-Naim, Talad Asad, Schmuel Eisenstadt, Jürgen Habermas, Karl Jaspers, John Rawls, Amartya Sen, and Charles Taylor. One special feature is the book’s synthesis of research on global governance with that on post-secularity and the place of religion in the public sphere. On this basis Bowman presents a distinctive account of the world’s axial religions, one underwriting a multi-polar, intercultural global public realm able to address social, political, and economic issues confronting the global community today. This book should be of great interest to students and scholars in philosophy, political theory, international relations, sociology, and religious studies. Professor Andrew Buchwalter Department of Philosophy University of North Florida

This Handbook provides a comprehensive and authoritative account of the movement towards co-production of public services and outcomes, a topic which has recently become one of the most intensely debated in public management and administration, both in practice and in the academic literature. It explores in depth the processes of co-commissioning, co-design, co-delivery and co-assessment as major approaches to co-production through citizen voice and citizen action and as key mechanisms in the co-creation of public value. The key debates in the field are fully explored in chapters from over 50 eminent authors in the field, who examine the roots of co-production in the social sciences, the growth of co-production in policy and practice, its implementation and management in the public domain, and its governance, including its negative aspects (the ‘dark side’ of co-production). A final section discusses different aspects of the future research agenda for co-production.