Subsidiarity and the German Constitution

Abstract

The German Constitution (Basic Law) contains an explicit reference to the principle of subsidiarity only with regard to Germany’s participation in the European Union. However, there are many features of the Basic Law which incorporate elements of the subsidiarity principle. These features extend beyond the fact that Germany is a federal state and the consequent delineation of power between the legislative powers of federal level and the German states (Länder), notwithstanding the fact that this is an important element of the principle which has recently led to a number of significant amendments of the Basic Law aimed at a recalibration of the federal power structure. The protection of lower level decision-making and personal autonomy that defines the subsidiarity principle is also visible in the administrative and judicial organisation of the Federal Republic, in the constitutional rules pertaining to local government and, not least, in the strong fundamental rights protection provided by the Basic Law and the procedural framework provided for effectuating this protection, the Constitutional Complaints Procedure.