Document Type
Article
Publication Date
2008
Abstract
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it may sometimes impede, rather than advance, the cause it purports to serve: namely, achieving universality of human rights. This article identifies situations where subsidiarity is more likely to diminish human rights protections that it is to advance them and suggests that subsidiarity should be abandoned or minimized in such areas.
Recommended Citation
William M. Carter Jr.,
Rethinking Subsidiarity in International Human Rights Adjudication,
30
Hamline Journal of Public Law & Policy
319
(2008).
Available at:
https://scholarship.law.pitt.edu/fac_articles/69
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