The principle of subsidiarity

Authors

  • Augusto Quintana Benavides Universidad de Chile

Abstract

I deeply appreciate the initiative of the Department of Public Law of the Faculty of Law of the University of Chile to organize a collective reflection on the reforms that it would be necessary to introduce to the Fundamental Charter and, eventually, the physiognomy that a New Constitution could have. When the professors of the Department were asked the possibility of choosing a topic, it immediately occurred to me to address the Principle of Subsidiarity. The reason for this choice is that, if we stick to the passions, there are two antagonistic visions that intersect and cancel each other out: those that staunchly defend the principle of subsidiarity, biasedly emphasizing the existence of abundant abstention duties for the State, versus those who are in favor of purging or suppressing all vestiges of said principle in our Fundamental Charter. That is why it seemed pertinent to me to address this issue, to see if it is possible to find some points of convergence. Personally, I believe that the latter is always possible between rational and reasonable people.

Keywords:

Principle of subsidiarity, State, Constitution