Subsidiarity / Andreas Follesdal.

Format:

Book

Author/Creator:

Follesdal, Andreas, author.

Series:

Cambridge elements. Elements in the philosophy of law, 2631-5815.

Cambridge elements. Elements in the philosophy of law, 2631-5815

Language:

English

Subjects (All):

Subsidiarity.

Physical Description:

1 online resource (91 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2025.

Summary:

'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, stating a rebuttable presumption for the local. Various historical patterns, practices, principles, and justifications offer different recommendations. Seven normative theories vary in how immunity protecting or person promoting they are. The latter appear more justifiable and withstand criticism often raised against subsidiarity. Some conceptions of person promoting subsidiarity serve as a structuring principle for international law and fullfills several criteria of a general principle of law. It can harmonize domestic and international law but is not sufficient to reduce fragmentation among sectors with different objectives.

Contents:

Cover

Title page

Copyright page

Subsidiarity

Contents

1 Introduction

1.1 Overview

Part I Historical and Systematic Accounts of Subsidiarity

2 Traditions of Subsidiarity: Patterns, Practices, Principles

2.1 Patterns

2.2 Confucian Familial Subsidiarity

2.3 Aristotelian Subsidiarity

2.4 Subsidiarity in Islam - Zakat

2.5 An Ubuntu Conception of Subsidiarity

2.6 The Haudenosaunee (Iroquois) League

2.7 Subsidiarity as Principle - in Constitutions

3 Elements of Subsidiarity

3.1 Domains of Application

3.2 Which Units: Vertical or Horizontal

3.3 Establish, Allocate, or Use Authority

3.4 Aspects of Comparative Efficiency

3.5 Immunity-Protecting and Person-Promoting Subsidiarity

4 Theories of Subsidiarity

4.1 Immunity

4.2 Non-domination

4.3 Freedom

4.4 Efficiency

4.5 Perfectionist Justice

4.6 Legitimacy

5 Modest Conclusions

Part II Subsidiarity in International Law

6 Subsidiarity: A General Principle of Law?

6.1 Provide Order, Explanation, Interpretation, Justification?

6.2 Sources and Transposition

6.3 Role of Consent

6.4 Only Supplement Domestic Law?

6.5 Exhaustion of Local Remedies

6.6 In Dubio Mitius

6.7 Dethroning the State in International Law

7 Inter-systemic Coherence: Human Rights and State Sovereignty

7.1 Association of Southeast Asian Nations (ASEAN)

7.2 The ECtHR's Doctrine of a Margin of Appreciation - Subsidiarity or Submission?

8 Inter-systemic Coherence: Subsidiarity in the European Union

8.1 A brief History of Subsidiarity in the European Union

8.2 EU Subsidiarity in Practice

9 Intra-systemic Coherence and Subsidiarity: Human Rights in Europe

9.1 The Accession of the EU to the ECHR - Potential Tensions

9.2 Example: Collective Action versus Freedom of Movement

9.3 Implications

10 Conclusions.

10.1 Eurocentric?

10.2 Too Instrumentalist?

10.3 Antifeminist, Racist, Imperialist?

10.4 Subsidiarity and International Law

References

Acknowledgements.

Notes:

Title from publisher's bibliographic system (viewed on 20 Feb 2025).

Description based on publisher supplied metadata and other sources.

ISBN:

1-009-00760-2

1-009-00837-4

1-108-99368-0

OCLC:

1482736333