Subsidiarity

Abstract

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 version that speaks to the construction of society more generally. The second part of the chapter examines the application of the principle, considering the implications of subsidiarity at three levels: the allocation of power within the state, the creation of the state, and the implications of subsidiarity at the international level. The chapter closes by considering a rival to subsidiarity: the principle of national self-determination. It will be argued that this principle is incompatible with constitutionalism, and should not be regarded as a guiding principle for the creation and structuring of states.