Wiki source code of The Principle of Subsidiarity
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| 1 | **Excerpt from: Endo, K. 1994. The Principle of Subsidiarity: From Johannes Althusius to Jacques Delors. //Hokkaido Law Review//, Vol. XLIV, No. 6. pp. 2049-50, 2053-54.** http://eprints.lib.hokudai.ac.jp/dspace/bitstream/2115/15558/1/44(6)_p652-553.pdf | ||
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| 3 | = Negative and Positive Subsidiarity = | ||
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| 5 | The first and the most important distinction should be drawn between the negative concept of subsidiarity and the positive concept of it. | ||
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| 7 | Basically the negative concept of subsidiarity refers to the limitation of competences of the 'higher' organisation in relation to the 'lower' entity, whilst its positive concept represents the possibility or even the obligation of interventions from the higher organisation. We can clarify this distinction in the following way. | ||
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| 9 | The negative concept means that; | ||
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| 11 | 1. the higher organisation //cannot //intervene if the lower entity //can// satisfactorily accomplish its aims, or | ||
| 12 | 1. (a more strict version) the higher organisation //should not// intervene if the lower entity alone //can// accomplish its aims, or | ||
| 13 | 1. (as a variant) the higher organisation //cannot// intervene if it// is not// assigned to do so. | ||
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| 15 | The positive concept can be formulated as follows; | ||
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| 17 | 1. the higher organisation //can// intervene if (or to the extent that) the lower entity //cannot// satisfactorily accomplish its aims, or | ||
| 18 | 1. (as its stronger expression) the higher organisation //should// intervene if the lower entity alone //cannot// accomplish its aims, or | ||
| 19 | 1. (as a variant) the higher organisation //can// or/and //must// intervene if assigned to do so. | ||
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| 21 | = Criteria = | ||
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| 23 | These reasons are the hurdles that the higher organisation has to overcome if it is to take action. Five criteria, as | ||
| 24 | formulated below, are relevant to disentangle the complexity of current discussion on the principle of subsidiarity, especially to differentiate the similar versions of subsidiarity. Those criteria are: | ||
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| 26 | 1. the //better attainment// criterion | ||
| 27 | 1. the //effectiveness// criterion | ||
| 28 | 1. the //efficiency// criterion | ||
| 29 | 1. the// cross-boundary dimension or effects// criterion | ||
| 30 | 1. the //necessity// criterion. |