One continent,two federalisms: rediscovering the original meanings of Australian federal ideas

Federalism is usually described in political science as a single body of ideas—in Australia's case arriving in the 1840s–50s and moving to constitutional reality in the 1890s. This article re‐examines the origins and diversity of federal ideas in Australia. It suggests that federal thought began influencing Australia's constitutional development significantly earlier than previously described. This first Australian federalism had a previously unappreciated level of support in British colonial policy and drew on Benjamin Franklin's American model of territorial change as a ‘commonwealth for increase’. The revised picture entrenches the notion of federalism's logic but also reveals a dynamic, decentralist style of federalism quite different from Australia's orthodox ‘classic’ or compact federal theory. In fact, Australian political thought contains two often‐conflicting ideas of federalism. The presence of these approaches helps explain longstanding dissent over the regional foundations of Australian constitutionalism.     

THE NEW FEDERALISM PARADOX*

One of the aims of Nixon's “New Federalism” reforms was to promote political decentralization in the federal system. An examination of the impact of revenue-sharing and block grant programs in El Paso, Texas, reveals that the New Federalism seems to have had the opposite effect in that city. El Paso is now more dependent, politically and economically, on federal grants than it was prior to the New Federalism and local autonomy is significantly reduced. The reasons for this paradoxical impact in El Paso and the applicability of these findings to other cities are discussed.     

Intrastate federalism in Australia

The article applies a distinction often used in the study of Canadian federalism—intra‐versus interstate federalism—to the Australian federal system. The intrastate federalism model focuses on the representation of state, regional and local interests directly within central government institutions. On the surface the model appears to have little applicability to Australia. However, the examination of selected Commonwealth institutions and arenas, primarily the cabinet and party system, indicates that intrastate practices may in fact be much more pronounced in Australia than what is generally supposed. There are networks of influence at work outside the confines of standard intergovernmental arenas, networks that at times can be used to advantage by state governments or by state or local interests, at other times by the Commonwealth to enhance centralised control or even to undermine the status of state governments as legitimate actors within the Australian federal system.     

Performance Goal Achievement in Fiscal Federalism: The Influence of State Partisan Environments and Regulatory Regimes

With tight budgets and hyper‐partisan interactions within and between the states and federal government, attention is being paid to the implementation of federal programs. This is particularly important because, as the recently implemented American Recovery and Reinvestment Act suggests, state administrators are often the implementers of federal policy. This study integrates the fiscal federalism literature with that on implementation and bureaucratic response to examine the effect that within‐state factors have on the degree of performance goal achievement in federally funded, state implemented programs. The findings suggest that, when implementing federal programs, state administrators face conflicting political incentive structures and policy‐specific capacity and capability deficits that influence their motivation and ability to achieve performance goals.     

Federalism,constitutional recognition and Indigenous Peoples: how a new identity-based state can be established in Australia

ABSTRACT

The debate on constitutional recognition of Indigenous Peoples in Australia has highlighted the desire for meaningful responses to Indigenous Peoples’ claims to sovereignty and self-determination. One potential response is to apply federal principles and establish a new state, or states, for Indigenous Peoples in Australia. This proposal has been most prominently put by Tasmanian Aboriginal leader Michael Mansell. Others have followed. However, (at least) one fundamental problem with this federal idea has not been properly addressed, namely the dispersal and limited geographical concentration of Indigenous people in Australia. This paper asks whether and how federalism can be used to institutionalise the shared and self-rule of widely dispersed minorities, or more specifically, Indigenous Peoples in the settler-majority country of Australia. It demonstrates that a non-territorial approach can be applied to federalism in Australia, and that it may form one possible response to the Uluru Statement from the Heart.     

Policy Gridlock in Waste Management

Current federal hazardous and low-level radioactive waste management policies (under conjoint federalism) fail to balance national concerns for consistency with state concerns for equity, discretion, and adequate resources. Congress should expand conjoint federalism to permit states to charge differential fees on imported hazardous waste as it does for low-level radioactive waste. For low-level radioactive waste, clarification of the "take title" issue makes the present framework for state discretion implementable, given sufficient time.     

A continuing confusion? A comment on the appropriate dispersal of policy powers in the Australian federation

Dissatisfaction with Australia's federalist constitutional and administrative arrangements seems universal. The Labor Party has historically preferred a centralist thrust to the Australian federal compact. From the opposite, decentralist tack the Liberal‐National Coalition parties currently propose that the Commonwealth should hive‐off policy functions to the States. These attitudes are expressed in an intellectual climate that disparages the allocative efficiency of Australian federalism and debates these issues in terms of shifting power to or from the Commonwealth. A more sensible focus is on the usage that the citizenry has made of the federal system in obtaining satisfactory service delivery. Using this approach our federal system works efficiently (in a limited political‐administrative sense.

This is not an argument that Australia's federal system is good because it maximises fiscal efficiency or guarantees equity. It does not do the former'and varies in its attainment of the latter. The federal system is good because it maximises opportunities and avenues for citizens to obtain what they want from government. In that sense the Coalition parties are fundamentally confused both about their philosophy and that philosophy's relationship to the political nature of Australian federalism. Labor's slowly‐ebbing centralism equally ignores the political usage that citizens have made of the administrative and funding arenas provided by our federal system.     

Fiscal Federalism and Social Well–Being in Australia

Australia’s federal system is characterised by both vertical and horizontal financial imbalance. This is overcome by Commonwealth-state transfer payments. The nature of such transfers has changed over time as attempts have been made to redefine fiscal federalism. Currently, the budgetary position of the states, notions of co-operative federalism, and pleas for micro-economic reform are altering the nature of government activity as more and more is left to market forces. Patterns of social well-being are changing and increased inter-regional differences are evident. The current system of transfer payments can cope with this but detailed monitoring of social well-being is needed as is debate over the meaning of equity in the Australian federal system.     

THE EVOLUTION OF FEDERAL-PROVINCIAL RELATIONS IN CANADA: SOME REFLECTIONS

The Canadian Confederation has endured for more than a century, but the country retains extensive internal divisions. Indeed, the presence of a separatist provincial government in Quebec illustrates that Canada's fragmentations not only have persisted but may actually be deepening. This article comprises an examination of the relationship between federal and provincial governments from the Confederation period of the 1860s to the present. The objective is an appreciation of how the federation has developed into the current form of executive federalism. The historical discussion considers the successive and distinct intervals of federal-provincial relations which preceded executive federalism. They are the Confederation era, dual federalism, and cooperative federalism. Executive federalism entails a series of conferences between officials of federal and provincial governments in which national policy in fields of common interest is negotiated.

The article maintains that four themes firmly grounded in Confederation pervade the evolution of federal-provincial relations. They are: the absence of a sense of national allegiance throughout Canada; the constitution's explicit assignment of important responsibilities to the provinces; the disproportionate strength of Ontario and Quebec; and Quebec's relentless cultural individuality. Because these characteristics have, if anything, intensified in recent years, executive federalism is now necessary to accommodate conflicts between federal and provincial governments. Moreover, for a variety of reasons, both Canada's centrifugal character and executive federalism may be expected to continue indefinitely. The adversary nature of executive federalism, and the advantages which it offers to certain provinces, assure that a high level of federal-provincial tension also will be perpetuated.     

Getting the Job Done: Resolving State- Federal Conflicts in Superfund

The American system of federalism creates frequent opportunities for clashes between state and federal environmental regulators. State and federal environmental laws overlap but are not easily reconciled. Most federal environmental law provides no clear answer as to how to reconcile differing mandates of state and federal environmental regulators. In this article, we will examine these state-federal conflicts as they played out in 1994 in, the cleanup of contaminated sites in the state of Washington. This article describes the way a regional office of the Environmental Protection Agency and the state's Department of Ecology developed a novel approach to managing the essential tension between overlapping state and federal cleanup laws.     

Regulatory Federalism and Environmental Protection in the United States

In this paper we address two aspects of regulatory federalism in U.S. environmental policy. First, we suggest that environmental quality in U.S. states responds positively to increases in income. Second, we provide evidence that environmental quality did not decline when President Reagan's policy of new federalism returned responsibility for many environmental regulations to the states. Thus, state environmental quality appears to reflect more than just the dictates of federal policy. Additionally, we find that a "race to the bottom" in environmental quality did not materialize in the 1980s.     

Geographic and Historical Observations on the Future of a Federal Russia

A paper assessing prospects for the future of federalism in Russia investigates geographic and other factors that historically have either promoted or inhibited the unity of the Russian state. Among the major factors complicating the process of forging a new federal relationship among Russia's central government, republics, and oblast-level units, the paper focuses on the question of the Russian state's legitimacy, the only partial character of democratization, limited experience with constitutional federalism, and contradictions between individual and ethnic rights. 2 tables, 19 references.     

High Court Review 2006: Australian Federalism—Implications of the WorkChoices Decision

This year's High Court Review focuses exclusively on the WorkChoices decision, in which the federal government's new industrial relations regime was upheld by the High Court as within the Commonwealth's powers under s. 51(xx) of the Constitution, the corporations power. The implications of the judgement are potentially momentous for Australian federalism. Thus, we begin with an overview of changes in Australian federalism over time, including its fortunes in the High Court of Australia. We then consider the WorkChoices decision itself, outlining the most important aspects of the decision. We argue that the decision is the most important High Court decision on the constitutional division of federal powers since 1983, especially in the context of the corporatisation of policy delivery in the past few decades. Moreover, it reinforces the dominance of an orthodoxy in constitutional interpretation, thus confirming the demise of ‘activist’ tendencies. Finally, the judgement demonstrates the Court's preparedness to confirm changes to the workings of Australian federalism that, the evidence suggests strongly, would not pass at referendum. However, this view of the centralist implications of the decision is mediated by a consideration of the workings of intergovernmental relations. An examination of the potential changes in this area reveals a more complicated outcome, one with important implications for the manner in which intergovernmental negotiations might be conducted in future.     

Recognition or imposition? Federalism,national minorities,and the Supreme Court of Canada†

ABSTRACT. This paper makes two main arguments. First, federalism in Canada, properly conceived, is a system which evolves as a result of struggles over the norms of mutual recognition between territorially based groups. Second, if federalism is to work as a way of accommodating national minorities, the role of the judiciary in adjudicating this relationship must be taken into account, because it plays an integral role in the continuing contestation of the arrangement. I begin with the ‘problem’ of national minorities in the nation‐state system and why federalism is espoused as a solution for alleviating tensions, focusing on Canada. I then turn to review the relevant jurisprudence of the Supreme Court of Canada (SCC) in adjudicating the federal arrangement. Finally, considering this jurisprudence, I reflect on why it is important to account for the role of the Court when promoting federalism to accommodate national minorities. I go on to argue that a dialogical approach to federalism, as opposed to a monological one, is best suited to do this.     

‘Connor's communist control polities’: why ethno‐federalism does not explain the break‐up of the Soviet Union,Yugoslavia and Czechoslovakia

When the Soviet Union, Yugoslavia and Czechoslovakia broke apart, several prominent academics argued that this was because they were federations (or ‘ethno‐federations’ as they put it). This article uses Walker Connor's magnum opus on Marxist–Leninist strategy and practice in communist states to show the flaws in these analyses. Connor's work shows that it is more plausible to link the fate of the three communist states to their anti‐federalist practices than to the fact that they were formally federal.     

Labor's reconciliation with federalism

Until the 1960s, the federal Labor party was formally pledged to the abolition of federalism and its replacement by a system in which the central government would have plenary powers and the states only delegated administrative responsibilities. This article examines how the ALP's platform was progressively changed during the 1960s and 1970s. The modification of Labor's commitment to abolish federalism and the Senate was due partly to a more realistic sense of what was feasible and partly to a more sophisticated approach towards working the existing system. But, as well, Labor's social and economic goals had been moderated to ones that were congenial to middle Australia and private enterprise. Progressive changes to Labor's platform were an important precondition for the Whitlam government's ‘new federalism’ in the 1970s, and the Hawke government's current initiative of ‘closer partnership with the states’ for reforming the practical working of the federal system.     

"文革"时期妇联组织演变的历史考察

"文化大革命"爆发后,在改造"旧国家机器"的运动指向下,各级妇联遭受了组织冲击,妇联组织的存废也作为一个问题而提出;受夺权风暴和全面动乱的影响,至1968年革委会新体制建立前后,全国妇联实行了"军管",地方各级妇联亦陷入解体状态;妇女组织体系的摧毁和革委会体制的缺陷,使妇女工作弱化,同时也彰显了妇联组织的重要性;随着1970年后中央在妇联组织存废问题上的态度由模糊不定转为明确的整顿健全,妇联自下而上地完成了从基层至省级的组织重建,但由于在一系列理论与实际问题上难以澄清是非,全国妇联的组织重建未能完成.     

Waivers,Federalism, and the Rule of Law

Waivers from legislation have been praised as the foundation for a new era of collaborative federalism. But these exceptions of law, often made without clear statutory authority, undermine the necessary basis for collaboration among governmental entities. That basis is law. Waivers in effect dispense from or even change laws in the interests of administrative flexibility. And, while some commentators have lauded this increased flexibility as empowering for state governments in particular, the real effect is to reduce relations based on law to a condition of perpetual bargaining in which federal administrators hold all the power. Able to change rules and even laws almost at will through new waiver programs and criteria, federal agencies gain arbitrary power, undermining the ability of states and people to plan for their futures on the basis of known rules—the most basic and necessary good provided by the rule of law.     

With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

杰斐逊的联邦制思想与“国内改进”政策的延滞

对杰斐逊而言,联邦制意味着联邦政府和各州政府共同分享国家主权,其中,联邦政府享有管理对外事务(包括国际和州际事务)的权力,而各州政府则享有管理对内事务的权力。他主张对宪法进行严格解释,强调联邦政府的权力严格地限于宪法中所列举的范围。在杰斐逊执政时期,他赞同联邦政府进行国内改进(即交通建设),但是,由于宪法并没有明确授予联邦政府进行国内改进的权力,他强调必须通过一项宪法修正案,明确授予联邦政府有关权力,其目的在于维护他关于联邦制的一贯主张,维护联邦政府和各州政府之间的权力划分。主要由于杰斐逊的联邦制思想的阻碍,联邦政府的国内改进政策始终延滞不前。