ABSTRACT: It is an indisputable fact that the Australian founding fathers designed a strongly federalist constitution, with the federal government holding few enumerated powers, and the bulk of political authority reserved for the states, and that this was overwhelmingly endorsed by the Australian people at referendum. The descent to centralism can be traced to 1913, with the expansion of the High Court from five to seven in a manner analogous to President Roosevelt’s infamous ‘court-packing’ scandal. The salt in the wound came with the Workchoices Case, which gave the Commonwealth power over industrial relations through their power to regulate the trading activities of corporations. The High Court has departed from accepted principles of legal interpretation in its attempt to centralise government power in Canberra.
AUTHOR: Timothy Andrews is a graduate of the University of Sydney, graduating with a Bachelor of Economics (Social Sciences), a Bachelor of Laws (Honours) and a Masters of Public Policy. He is currently Executive Director of the Australian Taxpayers Alliance.
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