Germany: The subsidiarity principle
* Senior lecturer, Law School, Monash University, Melbourne; email: greg.taylor{at}law.monash.edu.au. The author wishes to thank the University of Mannheim and, especially, Prof. Dr. Eibe Riedel for providing the author with a visiting professorship during which this article was written, as well as Prof. Riedel's staff, and, in particular, Danny Reinhold and Carsten Ulbricht, for their assistance in providing facilities throughout the visit. Thanks are also due to the anonymous referees and to Prof. P. J. Birkinshaw for the helpful suggestions they made about a draft. Research was completed at the beginning of 2004, although some later developments have been considered.
The subsidiarity principle—revised article 72(2) of the German Basic Law—Geriatric Care Act as an alleged violation of the revised article—the Constitutional Court's decision vis-à-vis the Bavarian challenge—the scope of judicial review and the extent of legislative discretion—problems implicit in the Court's decision