Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation

Since the landmark decision of the Australian High Court in the Enginee1:1• case, the Australian federation has become increasingly centralised to the extent that Australia has become less than an authentic federation. This paper evaluates whether the principle of subsidiarity, which is a fundamenta...

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Main Author: Evans, Michelle
Other Authors: Michelle Evans
Format: Book Chapter
Published: Springer 2014
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/21950
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author Evans, Michelle
author2 Michelle Evans
author_facet Michelle Evans
Evans, Michelle
author_sort Evans, Michelle
building Curtin Institutional Repository
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description Since the landmark decision of the Australian High Court in the Enginee1:1• case, the Australian federation has become increasingly centralised to the extent that Australia has become less than an authentic federation. This paper evaluates whether the principle of subsidiarity, which is a fundamental characteristic of a federal system of government, could be implemented in Australia to restore legislative and financial powers to the Australian states. The chapter suggests specific constitutional and other reforms.
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spelling curtin-20.500.11937-219502023-02-27T07:34:30Z Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation Evans, Michelle Michelle Evans Augusti Zimmermann Constitutional reform Australian federation Government Subsidiarity Decentralisation Federal balance High Court Since the landmark decision of the Australian High Court in the Enginee1:1• case, the Australian federation has become increasingly centralised to the extent that Australia has become less than an authentic federation. This paper evaluates whether the principle of subsidiarity, which is a fundamental characteristic of a federal system of government, could be implemented in Australia to restore legislative and financial powers to the Australian states. The chapter suggests specific constitutional and other reforms. 2014 Book Chapter http://hdl.handle.net/20.500.11937/21950 Springer restricted
spellingShingle Constitutional reform
Australian federation
Government
Subsidiarity
Decentralisation
Federal balance
High Court
Evans, Michelle
Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title_full Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title_fullStr Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title_full_unstemmed Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title_short Subsidiarity and Federalism: A Case Study of the Australian Constitution and Its Interpretation
title_sort subsidiarity and federalism: a case study of the australian constitution and its interpretation
topic Constitutional reform
Australian federation
Government
Subsidiarity
Decentralisation
Federal balance
High Court
url http://hdl.handle.net/20.500.11937/21950