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    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
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Prime Minister Malcolm Turnbull chairing COAG, with State and Territory leaders. Source: David Foote, Auspic

PRINCIPLE 4: FEDERALISM

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​Federalism divides political power between the different parts of the Federation. In Australia, we have the ‘Federal’ or ‘Commonwealth’ Government, and the Governments of the States and Territories. Federalism is about sharing power between the different entities which limits their powers. By dividing power like this, federalism strengthens representative democracy, can protect liberty, and can promote local decision making on issues of local importance. 

What is federalism?
In Australia, we three levels of government – federal, State and Territory, and local. Federalism is about distributing and sharing power between the different levels. By dividing power like this, federalism strengthens parliamentary representative democracy and promotes local decision making.
 
Federalism limits government power
The Federal Parliament can only use powers found in the Constitution to make laws. Anything else is a State power. If both the Federal and State Parliaments make inconsistent laws, the Federal law prevails. However, they can both enact complementary laws on the same subject.
 
Has Federal power grown since federation?
Through interpretation of the Constitution federal power has expanded. The section 51xxix ‘external affairs’ power allows the Federal Parliament to make laws giving effect to treaties on subjects including industrial relations, the environment and racial discrimination. It also has greater power to raise and share revenue.

How does the Constitution protect States’ powers?
The Federal Government cannot place special burdens on States that affect their ability to function as Governments. The Federal Government cannot destroy or undermine the States’ continued independent existence.

​How are disputes resolved within the federal system?
Disputes do occur between the Federal Government and State Governments, between different State Governments, and between citizens and their Governments. Most problems are solved through the political process. The High Court often resolves these questions if they raise constitutional issues. 

Click here to download a PDF of Principle 4: Federalism in detail

Click here to read the Federalism High Court Case Engineers Union succeeds in the High Court, expanding Federal power

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The Australian Federation
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Postcard, ‘The birth of a nation at the century’s dawn’. Source: National Archives of Australia
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State Premiers and Prime Minister Malcolm Fraser meet in 1978. Source: National Archives of Australia
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​​Telephone: 1800 009 855
Exhibition Address: High Court of Australia, Canberra 
email: info@australianconstitutioncentre.org.au
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​
  • About Us
  • The Australian Constitution
    • What is the Australian Constitution
    • The Writers of the Australian Constitution
    • The Australian Constitution
  • Origins of the Constitution
    • Where did the Australian System of Government come from?
    • Timeline
  • The Six Principles
    • Democracy
    • The Rule of Law
    • Separation of Powers
    • Federalism
    • Nationhood
    • Rights
  • The High Court
    • The First High Court
    • The Role of the High Court
    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
  • Resources
    • Australian Constitution Centre Resources
    • FAQs
    • Glossary
    • Take the Knowledge Quiz
    • Introduction to the education program
    • Lesson Plans >
      • Lesson Resources ACHASSK134
    • Links to other relevant organisations