La subsidiarité en droit européen et canadien : Une comparaison

The principle of subsidiarity, one of the most important in European Union (EU) law and entrenched in the EU treaties, has recently entered the constitutional discourse in Canada thanks to some Supreme Court decisions regarding division of powers. After a brief overview of the intellectual history of subsidiarity, this article offers a comparison of how subsidiarity has been dealt with by the Supreme Court of Canada and by the European Court of Justice. The ultimate goal is to see what lessons Canada can draw from the EU's longstanding experience with subsidiarity, particularly in the ambit of social policy.