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.​

In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.

Luigi Taparelli, SJ, 1793-1862, in his Theoretical Treatise of Natural Right Based on Fact, 1840-43, presents a neo-Thomistic approach to social, economic, and political sciences grounded in an integral conception of the human person as social animal but also as rational truth seeker. His conceptions of social justice and of subsidiarity are fundamental to modern Catholic social teaching (CST). His work moves away from traditionalist-conservative reaction in favor of an authentically human, moderately liberal, modernity built on the harmony of faith and reason. He zealously deconstructs laissez-faire liberal ideology and its socialist progeny in scores of articles in the Civiltà Cattolica, the journal that he co-founded in 1850. His arguments figure prominently in the Syllabus of Errors (1864) of Pius IX. Though a moderate liberal himself, his reputation as anti-liberal reactionary and defender of Papal temporal sovereignty is the chief reason why Pope Leo XIII later sought to quiet Taparelli's contribution to the foundations and pillars of modern CST that began with the restoration of Thomistic philosophy in Aeterni Patris (1879), and the "magna carta" of modern Catholic social teaching, Rerum Novarum (1891). Pius XI relies heavily on Taparelli's concept of subsidiarity in Quadragesimo Anno (1931), and sought to advance interest in Taparelli studies. However, Taparelli's eclectic philosophical orientation and writing style have been a considerable stumbling block. In this present book, Taparelli's ideas are evaluated both for their philosophical character but also in their historical context. Taparelli's theories of the just society and ordered liberty, are as timely nowadays for reasoned political and ethical discourse as ever. The book includes an appendix of translated portions of the Theoretical Treatise of Natural Right Based on Fact that relate to subsidiarity.

Subsidiarity is not a new idea, having been discussed either implicitly or explicitly for centuries. From Aristotle to the International Criminal Court, subsidiarity has been considered a means of framing the interacting spheres of sovereignty and levels of responsibility between individuals and the social and political order. The Catholic Church and the European Union have put forward the two clearest definitions of subsidiarity, representing the social order in the former and the political order in the latter. This book explores the possibility of a new humanitarian principle: subsidiarity, which means recognising that, in humanitarian response, local populations can and should be best placed to make decisions and take action. It argues that the humanitarian system should be designed to support this in the first instance and only to take action and make decisions at a higher level when this can be justified by a humanitarian imperative and the exigencies of the context. Subsidiarity as a humanitarian principle offers the possibility of a decision making framework that puts disaster affected populations at the centre of humanitarian response.

This report argues that until detailed arguments for and against centralization through the European Union, there remains an incomplete guide to the principle decision of where power should reside.

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.

Conflict among nations for forty-five years after World War II was dominated by the major bipolar struggle between the United States and the Soviet Union. With the end of the Cold War; states in differing legions of the world are taking their affairs more into their own hands and working out new arrangements for security that best suit their needs. This trend toward new &"regional orders&" is the subject of this book, which seeks both to document the emergence and strengthening of these new regional arrangements and to show how international relations theory needs to be modified to take adequate account of their salience in the world today. Rather than treat international politics as everywhere the same, or each region as unique, this hook adopts a comparative approach. It recognizes that, while regions vary widely in their characteristics, comparative analysis requires a common typology and set of causal variables. It presents theories of regional order that both generalize about regions and predict different patterns of conflict and cooperation from their individual traits. The editors conclude that, in the new world of regional orders, the quest for universal principles of foreign policy by great powers like the United States is chimerical and dangerous. Regional orders differ, and policy artist accommodate these differences if it is to succeed. Contributors are Brian L. Job, Edmund J. Keller, Yuen Foong Khong, David A. Lake, Steven E. Lobell, David R. Mares, Patrick M. Nlotgan. Paul A. Papayoanou, David J. Pervin, Philip G. Roeder, Richard Rosecrance and Peter Schott, Susan Shirk, Etel Solingen, and Arthur A. Stein.

This book offers a comprehensive systematic analysis of the European Union’s Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union’s much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.