Federalism

Question 1

Define ‘federalism’ in Australia

Answer 1

A philosophical political system in which the powers to make, execute and judge law are divided as ‘heads of power’ between a national (federal) jurisdiction and two or more state jurisdictions.

Question 2

Define Coercive Federalism

Answer 2

This is a federal model in which there is a mixing of powers between the central government and the state governments but one of these layers of government uses its powers to force the others to achieve their political priorities

• often seen in Australia in which the Commonwealth has used ss.51 and 109 to legislate over the states, such as the Income Tax laws of 1941.

Coercive federalism has seen a shift in Australia’s federal arrangements since 1921 (Engineer’s Case 1921).

Question 3

Define Cooperative Federalism

Answer 3

This is a federal model in which there is a mixing of powers between the central government and the state governments and the various governments work together to achieve common aims.

• Australia 2020 Covid crisis, creation of National Cabinet and the coordination of movement between states and prioritising of health requirements.

Question 4

Define Coordinate Federalism

Question 5

Outline the ways in which Australia’s Constitution can be changed/modified

Question 6

Outline the ways in which Australia’s Constitution provides for a federation

Answer 6

• The Preamble established an indissoluble federal Commonwealth of the colonies into a federation.
• Ss. 7 and 24 establish representation based on state boundaries. S.7 establishes a state’s house.
• Through the division of powers:
  s.51 concurrent powers of the Commonwealth and the states. S.52 exclusive powers of the Commonwealth, s.86 customs, bounties and excise, s.107 residual powers of the states, s.128 the states must agree to changes to the Constitution.

Question 7

Define a ‘Unitary Government’

Answer 7

A system of government in which there is no real division of power between central government and regional areas.

New Zealand, the UK, Japan, Saudi Arabia

Question 8

Define a ‘Confederation’

Answer 8

A system of government in which regional governments have significant sovereignty and share power with a national government or the purpose of common action.

Switzerland