Making Sense of Subsidiarity

Making Sense of Subsidiarity
Author: Centre for Economic Policy Research (Great Britain)
Publisher: Centre for Economic Policy Research
Total Pages: 204
Release: 1993
Genre: Business & Economics
ISBN: 9781898128038

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.

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity
Author: Michelle Evans
Publisher: Springer
Total Pages: 229
Release: 2014-05-16
Genre: Law
ISBN: 9401788103

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.​

Varieties of European Subsidiarity

Varieties of European Subsidiarity
Author: Ralf Alleweldt
Publisher:
Total Pages: 228
Release: 2021-02-22
Genre: Political Science
ISBN: 9781910814574

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.

The Treaty on European Union (TEU)

The Treaty on European Union (TEU)
Author: Hermann-Josef Blanke
Publisher: Springer Science & Business Media
Total Pages: 1821
Release: 2013-11-26
Genre: Law
ISBN: 3642317065

The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Real World Justice

Real World Justice
Author: A. Follesdal
Publisher: Springer Science & Business Media
Total Pages: 404
Release: 2005-09-28
Genre: Law
ISBN: 1402031424

1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.

Subsidiarity, National Parliaments and the Lisbon Treaty

Subsidiarity, National Parliaments and the Lisbon Treaty
Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee
Publisher: The Stationery Office
Total Pages: 82
Release: 2008
Genre: Political Science
ISBN: 9780215523853

The Lisbon Treaty contains provisions which are intended to "encourage greater involvement of national parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts ... as well as on other matters which may be of particular interest to them". This report examines these provisions. The referendum on the Treaty in the Republic of Ireland took place during the course of the inquiry. The "no" vote in Ireland raised the question of whether to continue: it was decided to do so for two main reasons: the first is that, irrespective of the Lisbon Treaty, the principle of subsidiarity will remain an important part of EU and Community law; and the second is that the UK will retain its right to decide whether to opt into European legislation on visas, asylum and immigration under Title IV of the present EC treaty. The conclusions on the provisions of the Lisbon Treaty on subsidiarity include: the substance of the subsidiarity Article in the Lisbon Treaty is the same in its effect as the existing Article in the EC Treaty; examination of EU proposals for compliance with the principle of subsidiarity is a long-established and fundamental part of the scrutiny process of the European Scrutiny Committee of the House of Commons; whether a proposal does or does not comply is a matter of political judgement and is unlikely to be capable of an entirely objective assessment.

Regional Orders

Regional Orders
Author: David A. Lake
Publisher: Penn State Press
Total Pages: 420
Release: 2010-11
Genre: Political Science
ISBN: 0271043261

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.

The Principles of Constitutionalism

The Principles of Constitutionalism
Author: N. W. Barber
Publisher: Oxford University Press
Total Pages: 417
Release: 2018-07-25
Genre: Law
ISBN: 0192535684

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.