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Subsidiarity

2013
AbstractThis article examines the role of the principle of subsidiarity in international human rights law. It explains the concept and the procedural doctrines of subsidiarity and considers subsidiarity of international institutions as a structural fact and the substantive subsidiarity within the state.
exaly   +3 more sources

Subsidiarity [PDF]

open access: yes
'Subsidiarity' is vague and contested, yet popular in scholarship about international law due to its role in the European Union (EU). Which conceptions of subsidiarity are more justifiable, and how might they contribute to international law? A principle of subsidiarity concerns how to establish, allocate, or use authority within a social or legal order,
Føllesdal, Andreas, Follesdal, Andreas,
core   +4 more sources

Subsidiarity

2023
Abstract Subsidiarity addresses the ordering of relations between the local and the wider aspects—family, community, and state, province, or federation. It addresses the limits of law and policies, acts as a check and balance on the state, and contributes to a preference for the organic and diverse. A constitution ordered by subsidiarity
Holger Backhaus-Maul   +1 more
  +4 more sources

The Principle of Subsidiarity

SSRN Electronic Journal, 2016
‘“[T]hree correcting words of the legislator and entire libraries are turned into maculature.” Worse still: three additional words and entire libraries may be filled again with learned commentaries.’ It is in these apt terms that Robert Schütze has described the principle of subsidiarity.
openaire   +2 more sources

Subsidiarity

Ethical Perspectives, 1997
Abstract We must start by coming to grips with the concept itself, one which before the Maastricht Treaty was not in what might be termed widespread use (Part I). Next, the subsidiarity principle needs to be examined in the light of the division of powers between Member States and the Community, within the European legal system (Part II).
openaire   +2 more sources

Global Perspectives on Subsidiarity

open access: yesIus Gentium, 2014
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.
Zimmermann, Augusto,edt   +1 more
exaly   +1 more source

Subsidiarity

2018
Subsidiarity speaks both to the constituency that votes for a legislature and, also, to the powers that the legislature should possess. It requires that the boundaries of democratic units track those who are affected by the outcome of its decisions. The chapter contrasts this account of subsidiarity with the broader Catholic version of the principle, a
openaire   +2 more sources

Subsidiarity

2021
Henk ten Have   +1 more
openaire   +2 more sources

Subsidiarity and autonomy

History of European Ideas, 1994
(1994). Subsidiarity and autonomy. History of European Ideas: Vol. 19, No. 4-6, pp. 797-803.
openaire   +1 more source

Realising Subsidiarity

2021
Abstract The structures of the devolution settlement are considered, in particular the roles of the courts and the legislatures in regulating and maintaining that settlement are examined. It is argued that the principles of subsidiarity and democracy are implicit in the judgments of the courts on devolution issues, and that the courts ...
openaire   +1 more source

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