Australia’s march towards a dominant central government has proceeded quite a distance now, and is even, for the first time, threatening the destruction of the States as separately functioning entities. The last century's two world wars, today's war on terrorism, globalisation, a subtle distancing from Great Britain, and a less than subtle movement towards the United States, have all accelerated the inexorable rise of the Commonwealth. Who, in this environment, would want to be a State politician?

Early on last century, the States had already begun to lose some political ground, and also some fairly important legal skirmishes. In 1919, the High Court judge, and State’s rights hero, Samuel Griffith, retired. This changed the hybrid judicial and political landscape in a big way. An even bigger blow came the following year with the High court decision known as the Engineers case, which had the effect of expanding Commonwealth powers. Clearly, the remaining High Court judges of the time were just waiting for Griffith to go. This case disposed of one of the key legal principles that had once protected the States - the reserved powers doctrine. It also severely weakened another one - the implied immunities doctrine.

Today, an Australian Prime minister is threatening to move the Commonwealth even more significantly into the field of industrial relations and workplace reform. There was a time when one could be excused for thinking that the Commonwealth was restricted to dealing with matters that related solely to the conciliation and arbitration of interstate disputes. Ironically, this Prime minister plans to move into the more expanded field by using the corporations power. This is a legislative source of power that had historically belonged to the States; that is, until they magnanimously referred them to the Commonwealth. Talk about ingratitude.

However, whatever the political maneuverings, the States, themselves, have certainly never been less fashionable. Dull. Demoralised. Legislatively gutted. Bereft of talent; and bogged down in the fine print of obscure inter-governmental agreements. These once proud self-governing bodies have been shoved sideways into a decidedly less glamourous world, which revolves around collecting stamp duty and assorted gaming revenue, and spending most of it on hospitals, police, and if there's anything left over, on education. Hardly inspirational stuff.

Moreover, timid and defeatist State politicians are not using the Australian Constitution to restrict the continuing advance of the Commonwealth to the extent that they once did; preferring instead to wave the white flag. While the Commonwealth is forever crossing new oceans, the various ships of the States seem afraid to venture out, and can definitely smell the ground. The fatigued States are realising that they are suffering from a critical loss of momentum.

Unfortunately, new political contributors across Australia’s entire political spectrum can only join a political party at the State level; and because of the current state of Australian federalism, they are meeting some fairly dispirited people. Not only that, idealistic and passionate new party members are being effectively shut out of a meaningful policy discourse in relation to the very national and global issues that truly motivate them. This is probably because the Commonwealth is moving outside the States force of gravity. It also appears that Commonwealth politicians have somehow persuaded timid and mediocre State politicians to shield them away from the energetic and aspiring new members from within their own parties. This is not a healthy federation.

Commonwealth politicians with massive egos are dominating the national discourse like never before. They appear to have a view on everything and have conveniently captured the national public broadcaster so as to force them daily on an unsuspecting nation. These unchecked egotists rarely come into significant contact with new party members - some of whom may be more in touch with the Australian people than they are.

The Australian people should recognise these new flaws in the Australian federation and consider new responses. Perhaps, it is the right time to use section 128 of the Australian Constitution to abolish the States. This is now an option that should be seriously considered. The need and desire for dual governments with their costly dual bureaucracies is fading fast. The current weakness of the States seems to be seriously undermining the health of Australia's democracy. Maybe it’s time for them to go.






These views are solely the opinions of the writer, regardless of how close to the truth they may be.

© Copyright John Cavanagh
All rights reserved.

Article posted to this site on 19 September 2005.

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