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

Abstract

Since the landmark decision of the Australian High Court in the Engineers 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.