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"Subsidiarity United States."
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Federalism and subsidiarity
\"In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to \"remap\" federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations\"-- Provided by publisher.
Book
Federalism and Subsidiarity
InFederalism and Subsidiarity,a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to remap federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
eBook
Federalism and subsidiarity
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to \"remap\" federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
eBook
Rethinking Decentralization
Federal countries face innumerable challenges including public health crises, economic uncertainty, and widespread public distrust in governing institutions. They are also home to 40 per cent of the world’s population.Rethinking Decentralization explores the question of what makes a successful federal government by examining the unique role of public attitudes in maintaining the fragile institutions of federalism. Conventional wisdom is that successful federal governance is predicated on the degree to which authority is devolved to lower levels of government and the extent to which citizens display a “federal spirit” – a term often referenced but rarely defined. Jacob Deem puts these claims to the test, examining public attitudes in Australia, Belgium, Canada, France, Germany, Switzerland, the United Kingdom, and the United States. Deem demonstrates how the role of citizen attachment to particular manifestations of decentralization, subsidiarity, and federalism is unique to each country and a reflection of its history, institutions, and culture.Essential reading for policymakers, academics, and everyday citizens, Rethinking Decentralization re-centres the public to offer a nuanced way of thinking about federal governance.
eBook
The Eclipse of the Common Good: How American Nationalism Overcame Catholic Social Teaching in the 20th Century and How the 21st Century Might Reclaim It
This paper examines the theological, historical, and sociopolitical contours of American nationalism through a comparative study of Roman Catholics and Native Americans—two groups historically positioned as outsiders to the United States’ national self-conception, but into which Catholicism has successfully entered. It enquires into this success by establishing that American nationalism possesses a tripartite logic: (1) selective racial and religious superiority, (2) economic and military success read as divine blessing; and (3) advancing a teleological mission of global salvation. While white Roman Catholics were once viewed as anti-messianic threats, they eventually achieved integration by finding common enemies and warring to protect the American project and hierarchies, while Native Americans, by contrast, remain largely excluded, their presence disrupting foundational myths of nationalism. To evaluate this phenomena, Catholic Social Teaching (CST) is deployed, using the principles of human dignity, solidarity, and subsidiarity to critique nationalism’s pillars of race, wealth, and militarism with a vision of the universal common good. In doing so, CST challenges any theological justification for exceptionalism, reclaims a global moral horizon, and refuses the role that Catholicism might play in US—or any—nationalisms.
Journal Article
The Swedish Riksdag as Scrutiniser of the Principle of Subsidiarity
Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism
Journal Article
Kadi: King-Slayer or King-Maker? The Shifting Allocation of Decision-Making Power between the UN Security Council and Courts
This note analyses the twelve-year span of the Kadi litigation in the European courts. The litigation raises the textbook question of the relationship between international and municipal legal orders, yet demonstrates that it is high time to move the description of this relationship beyond the orthodox yet outdated monist/dualist dichotomy that was seen to provide the answer in less complicated times. The note examines the different approaches taken at the three key phases of the litigation: the 'supremacy' position adopted by the Court of First Instance in 2005, the 'subversive' approach of the European Court of Justice in 2008 and the 'subsidiarity' position of the Court of Justice of the European Union in 2013. Ultimately, the note invites attention to the 'Solange equivalence' approach taken by the Advocates-General and argues that this strikes the best balance in normative terms for an enduring approach to power-sharing between legal orders.
Journal Article
Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity
This article considers the relationship between the United Nations and its member states in view of the Security Council's assertion of legislative powers. It claims that the exponential growth in UN powers at the expense of the powers of its member states cannot be arrested by legal means, because of the nature of the UN system and the absence of legally enforceable criteria and compulsory dispute-settlement mechanisms. For this reason, it proposes a different approach to law-making in the area of international peace and security – one that is built around the principle of subsidiarity, as reflected in Article 2(7) of the UN Charter. The role of the principle of subsidiarity in this respect is to determine which authority is best suited to exercise legislative power and how such power should be exercised in order to attain the objective of peace and security more efficiently. It is thus contended that the principle of subsidiarity promotes co-operative relations between the United Nations and its member states by protecting the latters' jurisdictional authority from unnecessary interference.
Journal Article
The Affordable Care Act and Community Benefit: A Mandate Catholic Health Care Can (Partly) Embrace
The 2010 Patient Protection and Affordable Care Act (ACA) requires not-for-profit hospitals, including Catholic hospitals, to engage in meaningful community assessment and collaboration efforts in order to maintain their tax-exempt status. Now that the ACA has been upheld by the U.S. Supreme Court, this paper argues that the requirements related to a more robust community engagement process should be embraced by Catholic not-for-profit hospitals and health systems. Apart from the legal requirements under ACA, an equally persuasive moral mandate to engage in community-level assessment and action exists in the ethical tradition of Catholic health care, particularly in the notions of the common good, preferential option for the poor, and subsidiarity. This paper examines the compelling nature of these moral norms in light of the dual goals of improving overall community health and reducing health disparities among vulnerable populations. It concludes with the examination of one model of community collaboration: Mobilizing for Action through Planning and Partnerships (MAPP).
Journal Article