The Constitutional Systems of the Australian States and by Gerard Carney

By Gerard Carney

This ebook outlines the constitutional structures of the six Australian states and ten Commonwealth territories. It starts with their historical past, simple good points, position and destiny in the Australian federation. Its fundamental concentration is at the binding constitutional regulations which influence on their parliaments and governments. those matters also are handled on the subject of the 3 self-governing territories of the ACT, the Northern Territory and Norfolk Island. it's the basically Australian felony reference paintings of its variety which bargains in particular with the constitutional platforms of the states and territories. This ebook is for all legislation scholars and constitutional legislations academics in addition to felony advisors to commonwealth, kingdom and territory governments and parliaments. it is going to even be of curiosity to ideal, Federal, and excessive courtroom judges, political scientists operating within the region of federalism and someone with an curiosity in constitutional affairs.

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Extra resources for The Constitutional Systems of the Australian States and Territories

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14 Yet the promotion of ‘efficiency’ dominates a global world obsessed with political success and national economic performance. It is fascinating to ponder how the drafters of the Commonwealth Constitution imagined the federation developing. Did they aspire to establish a federation which would last substantially unchanged for centuries? Or did they envisage a process of continual evolution? And if so, in what direction? Towards centralism or towards more regionalism? The reference to an ‘indissoluble’ Federal Commonwealth in the preamble to the Commonwealth of Australia Constitution Act 1900 (Imp) suggests a permanent union of States was contemplated.

33 Consequently, the State Premiers fought each year for their share of Commonwealth financial assistance by way of general revenue grants and specific purpose payments. 35 This has worsened the vertical fiscal imbalance,36 yet it has provided a formula for the distribution of Commonwealth revenue to the States and territories. Pursuant to that agreement, the Commonwealth agreed to return to the States, the ACT and the Northern Territory, all revenue from the Commonwealth’s goods and 30 Upheld by the High Court, see above n 26.

Both powers have benefited from changing circumstances. The proliferation of international treaties on wide ranging topics during the latter half of the 20th century facilitated the exercise of the external affairs power to regulate matters within traditional State areas, such as the environment, human rights and industrial relations. Similarly, recognition of the legal and financial advantages of incorporation means that most commercial activities are now carried on by corporations, which has in turn substantially increased the opportunity for the exercise of the Commonwealth’s corporations power.

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