Law Commons^™

Federalism, Subsidiarity, And The Role Of Local Governments In An Age Of Global Multilevel Governance, Yishai Blank

Fordham Urban Law Journal

This article argues that current legal and political systems are incapable of dealing with human conflicts on multiple spheres (federal, state, local) simultaneously. The two dominant political theories that are supposed to solve this problem - federalism and subsidiarity, are inadequate. This article then argues that federalism and subsidiarity must be understood as distinct from one another, and subsidiarity is a better fit for the task of articulating multi-level governance, even if only as a tool for loosening the grip of federalism over our political and legal theory.