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Subsidiarity

'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,
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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 ...
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Disasters and Social Vulnerability Determinants of Federal Subsidiarity Assistance

PAR. Public Administration Review, 2023
Aisha S. Ahmadu   +3 more
semanticscholar   +1 more source

THE PROCEDURAL APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS: BETWEEN SUBSIDIARITY AND DYNAMIC EVOLUTION

International and Comparative Law Quarterly, 2019
This article explores how a procedural approach in the case law of the ECtHR combines subsidiarity and progressive development of international obligations.
Thomas Kleinlein
semanticscholar   +1 more source

Positive subsidiarity and its implications for the margin of appreciation doctrine

Netherlands Quarterly of Human Rights, 2019
The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking.
Eva Brems
semanticscholar   +1 more source

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.
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Subsidiarity

2021
Henk ten Have   +1 more
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The Principle of Subsidiarity in the Hague Convention on Intercountry Adoption: A Philosophical Analysis

Ethics and International Affairs, 2019
The principles of the best interest of children and subsidiarity constitute the conceptual foundation of the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (HCIA).
S. Brakman
semanticscholar   +1 more source

Subsidiarity and autonomy

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

2010
Samiul Hasan   +71 more
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