Abstract
Federalism is arguably the chief defining characteristic of the Constitution, yet there is widespread misunderstanding of what federalism is and how it differs from unitary systems. The chapter begins by defining what a federation is and how its chief effect is to limit the capacity of national government. The chapter then discusses the costs of federalism to the Australian economy before refuting the justifications commonly advanced for federalism in Australia. The chapter addresses the confusion that many participants in the debate over federalism have between levels and powers, and argues that a unitary system would give national government the capacity to delegate powers to rationally-based regional and local governments as circumstances dictate, rather than being shackled by a system which restricts the capacity of national government in arbitrary ways and which confers powers on states whose existence is not underpinned by any economic or geographical rationale.
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Notes
- 1.
Drummond (2007, p. 442).
- 2.
Australian Government Budget Archive (2002–2003).
- 3.
Calculated using the Reserve Bank of Australia’s tool at https://www.rba.gov.au/calculator/annualDecimal.html
- 4.
Australia’s external Territories fall under the legislative authority of the Commonwealth.
- 5.
This is made possible by s 51(xxxvii) of the Constitution, which allows States Parliaments to refer (in reality confer) power on the Commonwealth Parliament to legislate on a topic that the Commonwealth does not have power over. This is the basis for the Corporations Act 2001 (Cth).
- 6.
For example, the uniform Defamation Act enacted by all the States and Territories in 2005.
- 7.
There are numerous inter-governmental agreements governing a wide range of issues including health education and housing. They are frequently used by the Commonwealth as a means of attaching conditions to grants given to the States for specific purposes.
- 8.
Hutchinson and Eddie (2019).
- 9.
See data by the Australian Bureau of Statistics at http://stat.data.abs.gov.au/Index.aspx?DataSetCode=ABS_DEM_QIM
- 10.
For data on the amounts the Commonwealth gives to the States to aid the functions performed by the latter see Australian Government Budget Archive (2016–2017).
- 11.
See Mansillo (2013).
- 12.
See, for example, Australian Productivity Commission (2017, Chapter 4).
- 13.
Twomey and Withers (2007).
- 14.
Twomey and Withers (2007, p. 21).
- 15.
South Africa was not a federation in the 50Â year period to which the report refers, nor indeed at any stage since its creation in 1910. Section 44 of its current constitution allows the national parliament to over-ride the laws of provincial legislatures.
- 16.
Fose v Minister for Safety and Security 1997 (3) SA 786 (CC).
- 17.
New State Ice Company v Liebmann 285 US 262, 311 (1932).
- 18.
Australian Broadcasting Corporation (1979).
- 19.
Brown and Levy (2010, p. 10).
- 20.
Australian Broadcasting Corporation (2018).
- 21.
Brown and Levy (2010, p. 11).
- 22.
Brown and Levy (2010, p. 11).
- 23.
Brown and Levy (2010, p. 12). The options were: maintenance of the current status quo of federal, State and local governments; having federal and regional / local governments; having federal and States governments with the abolition of local government; have federal, State, regional and local governments; have no federal government (which begs the question of how Australia would function internationally!); have only federal government; or have more States.
- 24.
Brown and Levy (2010, p. 9).
- 25.
Brown (2014, p. 15).
- 26.
Galaxy Research (2013).
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Harris, B. (2020). Federalism and the Efficiency Deficit. In: Constitutional Reform as a Remedy for Political Disenchantment in Australia. Springer, Singapore. https://doi.org/10.1007/978-981-15-3599-4_8
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