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.​

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.

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.

Social Justice and Subsidiarity

Social Justice and Subsidiarity
Author: Thomas C. Behr
Publisher: Catholic University of America Press
Total Pages: 270
Release: 2020-01-10
Genre: Religion
ISBN: 0813231183

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.

Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights

Fair Balance: Proportionality, Subsidiarity and Primarity in the European Convention on Human Rights
Author: Jonas Christoffersen
Publisher: BRILL
Total Pages: 686
Release: 2009-06-02
Genre: Law
ISBN: 9004180818

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

EU External Relations Post-Lisbon

EU External Relations Post-Lisbon
Author:
Publisher: BRILL
Total Pages: 469
Release: 2020-07-13
Genre: Law
ISBN: 900442198X

Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.

The EU Principle of Subsidiarity and Its Critique

The EU Principle of Subsidiarity and Its Critique
Author: Antonio Estella de Noriega
Publisher: Oxford University Press, USA
Total Pages: 210
Release: 2002
Genre: Law
ISBN: 9780199242429

The European Union principle of subsidiarity was introduced by the Maastricht Treaty and was the subject of a protocol in the Amsterdam Treaty. It was intended as a last-resort protection mechanism for member states in a minority on a particular issue in the Council of Ministers. In the first book devoted to the subject the author analyses these constitutional reforms and the reluctance of the ECJ to implement them, and argues that the principle will not be able to perform this protective role effectively.

The Choice for Europe

The Choice for Europe
Author: Andrew Moravcsik
Publisher: Routledge
Total Pages: 529
Release: 2013-10-11
Genre: Political Science
ISBN: 1134215347

The creation of the European Union arguably ranks among the most extraordinary achievements in modern world politics. Observers disagree, however, about the reasons why European governments have chosen to co- ordinate core economic policies and surrender sovereign perogatives. This text analyzes the history of the region's movement toward economic and political union. Do these unifying steps demonstrate the pre-eminence of national security concerns, the power of federalist ideals, the skill of political entrepreneurs like Jean Monnet and Jacques Delors, or the triumph of technocratic planning? Moravcsik rejects such views. Economic interdependence has been, he maintains, the primary force compelling these democracies to move in this surprising direction. Politicians rationally pursued national economic advantage through the exploitation of asymmetrical interdependence and the manipulation of institutional commitments.