Subsidiarity and federalism

Abstract

The original political contract is directed only at the basic model of a community, its legal form and the nature of its rule. In the course of history, however, polities have adopted complex structures, the assessment of which is best carried out according to two well-proven principles, namely those of federalism and, more recently but still controversially, subsidiarity. These principles do not compete with the contractarian idea because they remain attached to legitimatory individualism. However, the focus of these principles is less legitimation itself, but the two resulting questions as to a polity’s competence (subsidiarity) and its organisation (federalism).