FEDERALISM IN AUSTRALIA: A CONCEPT IN SEARCH OF UNDERSTANDING
Abstract
This article examines an issue of fundamental importance to both business and government: the nature of Australian federalism. Federalism in Australia is a concept under attack with pejorative labels such as 'dysfunctional', 'inefficient', 'coercive' and 'opportunistic' increasingly being used to describe its practical operation. Language games amidst political debates are part of a healthy democratic polity. However, such labels may also betray a deeper malaise – an inadequate understanding or appreciation of the concept of federalism. This article examines the nature and operation of Australian federalism and builds a useful framework through which the concept can be better understood and its practical operation analysed. This framework reinforces that one of Australian federalism’s key strengths is its flexibility – that there are a number of different modes of federalism from which governments can choose to address a particular policy issue – and that reform initiatives should be designed to leverage this strength, and not proceed on the assumption that there is one optimal or best approach.
Downloads
References
Access Economics (2006) The Costs of Federalism. Report to the Business Council of Australia. Access Economics, Melbourne.
Anderson, G. (2008) The Council of Australian Governments: A new institution of governance for Australia's conditional federalism. University of New South Wales Law Journal, 31 (2) pp 493-508.
Anderson, G. (2010) Whither the federation? Federalism under Rudd. Public Policy, 5 (1) pp 1-22.
Aroney, N. (2009) The Constituition of a Federal Commonwealth: The Making and Meaning of the Australian Constitution. Cambridge University Press, New York.
Australia 2020 Summit (2008) Australia 2020 Summit: Final report. Department of Prime Minister and Cabinet, Commonwealth of Australia. Retrieved: 7 March 2011 from http://www.australia2020.gov.au
Banks, G. (2006) Regulation for Australia's Federation in the 21st Century. Melbourne Institute/The Australian Economic and Social Outlook Conference. Productivity Commission, Melbourne.
Breton, A. (1996) Competitive Governments: An Economic Theory of Politics and Public Finance. Cambridge University Press, New York.
Bryce, J. (1890) The American Commonwealth (2nd Edition). MacMillan and Co, New York.
Business Council of Australia (BCA) (2006) Reshaping Australia's Federation: A New Contract for Federal-State Relations. BCA, Melbourne.
Business Council of Australia (BCA) (2007) A Charter for New Federalism. BCA, Melbourne.
Business Council of Australia (BCA) (2010) Scorecard of Red Tape Reform. BCA, Melbourne.
Callinan, I. (2008) Australian federalism: A reply to the thematic issue. University of New South Wales Law Journal, 31 (3) pp 825-30.
Council of Australian Governments (COAG) (2007) Council of Australian Governments meeting communiqué, 20 December. Retrieved: 7 June 2010 from <http://www.coag.gov.au/coag_meeting_outcomes/2007-12 -20/index.cfm>
Council of Australian Governments (COAG) (2008) Council of Australian Governments meeting communiqué, 26 March. Retrieved: 4 June 2010 from <http://www.coag.gov.au/coag_meeting_outcomes/2008-03 -26/index.cfm>
Council of Australian Governments (COAG) (2011) Council of Australian Governments meeting communiqué, 13 February. Retrieved: 16 February 2011from <http://www.coag.gov.au/coag_meeting_outcomes/2011-02 -13/index.cfm?CFID=514171&CFTOKEN=64122443>
COAG Reform Council (2010) National Partnership Agreement to Deliver a Seamless National Economy: Performance Report for 2009-10. COAG Reform Council, Canberra.
Conlan, T. (2006) From cooperative to opportunistic Federalism: Reflections on the half-century anniversary of the Commission on Intergovernmental Relations. Public Administration Review, 66 (5) pp 663-76.
Drummond, M. (2002) Costing constitutional change: Estimating the costs of five variations on Australia's federal system. Australian Journal of Public Administration, 61(4) pp 43-56.
Elazar, D. (1991) Cooperative federalism. In D. Kenyon and J. Kincaid (eds.) Competition Among States and Local Governments: Efficiency and Equity in American Federalism. The Urban Institute Press, Washington. 65-86.
Ergas, H. (2008) Why we need to revive federalism. Quadrant, 52 (12) pp 46-51.Fenna, A. (2007a) The division of powers in Australian federalism: Subsidiarity and the single market. Public Policy, 2 (3) pp 175-94 .
Fenna, A. (2007b). The malaise of federalism: Comparative reflections on commonwealth-state relations. Australian Journal of Public Administration, 66 (3) pp 298-306.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2011 The journal of contemporary issues in business and government
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.