Module 3 - Federalism Flashcards
Federalism
System of government where power is shared between a national government and other government units (federal and state/territory)
S51 of the Constitution
Sets out the areas over which federal government has power to make laws (concurrent)
‘Heads of power’
s52 of the Constitution
Sets out areas over which federal government has exclusive power (states can’t make laws in these areas)
Federal division of power
Power divided btw commonwealth and state governments
COAG
Council of Australian Governments
Coordinate, cooperative and collaborative federalism
…theories of Federalism describing the relationship btw federal and state governments
In reality it is a mix of all 3, more cooperative
Commonwealth Government
Australia’s national government
Coordinate theory…
Clear division of responsibilities btw fed/state governments (each work on own areas)
Cooperative theory
Fed/state gov work together towards agreed outcomes for mutual benefit
Coercive theory
Fed gov applies pressure and powers expand into areas of state responsibility
s109 of the Constitution
Ensures that if there is inconsistency btw commonwealth and state laws, commonwealth laws will prevail
S51 heads of power includes laws with respect to
Trade and commerce Taxation Naval and military defence Immigration External affairs Matters referred to parliament by state/s
Strengths of federalism
Promotes health competition
Creates checks and balances
Better representation
Weaknesses of federalism
Reduced stability
Confusion and duplication
Blame game
Unfair distribution of money from federal to state