Equilibrium Of The Governments By The Principle Of Subsidiary

Abstract

The principle of subsidiarity on these days is not identified so much as a legal or philosophical concept, but as testing capabilities and possibilities of this principle. Application of the principle of subsidiarity is able to exploit the potential of all collectivity, fully implementing the Constitution. The task of the juridical order must be recognition of the dignity of every person; which should be promoted and evaluated through a legislation based on the principle of subsidiarity. This principle expresses a preference in performing the functions of government at the closest level of citizens. Subsidiarity can be of various types such as horizontal or vertical; positive or negative; static or dynamic; substantive or procedural. In some countries, subsidiarity is specifically defined in their constitutions, while in some other countries is implied. But this principle in the civil law is defined more directly. Subsidiarity does not find the same application in all states and this fact depends not only on each country's traditions but also and in their development.

Key words: Subsidiarity, Constitution, State, juridical order, law.