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.

In the context of the Live and Let Live Movement, the “proper function” of a group at the local level is to safeguard self-sovereignty. Therefore, if violations of self-ownership are enabled through local community frameworks, an argument can be made for a larger group to step in with the sole intention to stop those violations.

Subsidiarity was widely promoted by the Catholic Church but is more 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

1. All activities of the state are based on and limited by law.
2. State activities must be conducted in the public interest and be proportionate to the ends sought.
3. State institutions and private persons shall act in good faith.
4. 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)