FEDERAL IMBALANCE: HOW THE JURISPRUDENCE OF THE HIGH COURT HAS UNDERMINED FEDERALISM Free Essay, Term Paper and Book Report
I INTRODUCTION
In drafting the Constitution, the Founders sought to maintain a federal balance in the distribution of power between the Commonwealth and the States. This view protected the usurpation of legislative powers of one over another. Centralisation has been an on-going pursuit by the Commonwealth, aided by the High Court. Through the expansive methods of interpretation, and the changing composition of the High Court, s51 has been expanded so that the Commonwealth has acquired substantial areas of power traditionally intended to be under State control. The consequence of the High Courts interpretation is an ever increasing transfer of legislative power to the Commonwealth, undermining the federal nature of the Constitution. Latham CJ warned against a universal power which would render other powers meaningless. This view resonates in Work Choices where the majority interpreted s51(xx) as universal with the potential to apply to all matters involving corporations. S51(xx) was extended to allow Commonwealth power to legislate for employees of corporations. This method of......
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