Institutional subsidiarity in the South African Constitution

Abstract

This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well as its articulation in various domestic and international instruments. It will be argued that, despite the fact that the connection is tenuous, it may assist in the interpretation of this provision. Equipped with this appreciation of the connection between subsidiarity and section 156(4) of the Constitution, the article provides some suggestions for its application.