Subsidiarity
Definition
Subsidiarity is the principle that law-making at the local level can only be overruled by the laws of a larger group of people when the group at the local level is unable to fulfill a proper function.
Discussion
Overview
Subsidiarity is a form of decentralized authority whereby a national government should have limited interference with decision-makers at local levels.
Subsidiarity holds that decisions should be made at the most local level capable of addressing the issue effectively. A higher authority should only step in when a lower level is genuinely unable to fulfill its function.
Subsidiarity was widely promoted by the Catholic Church but is most clearly embodied in the Swiss constitution. In this case, subsidiarity is an attempt to limit the national government's influence over the jurisdiction of local communities.
Implementation
The Swiss Constitution reads:
Art 5. Rule of law
- All activities of the state are based on and limited by law.
- State activities must be conducted in the public interest and be proportionate to the ends sought.
- State institutions and private persons shall act in good faith.
- The Confederation and the Cantons shall respect international law.
Art 5a. Subsidiarity
The principle of subsidiarity must be observed in the allocation and performance of state tasks.
Further Resources
- Federal Constitution of the Swiss Confederation, 18 April 1999.
- Pope Pius XI, Quadragesimo Anno (Encyclical, 15 May 1931)