The Growth of Central Power
Probably the most obvious development in Australian constitutional law has been the steady growth in the power of the federal government relative to the states. Several factors could account for this, including:
- doctrines of constitutional interpretation which favour a broad reading of Commonwealth powers
- the "fiscal imbalance" between the Commonwealth and the States (see Constitutional basis of taxation in Australia)
- the development of new areas of competence which did not exist at Federation, and which have fallen to the Commonwealth
- the growing importance of legislative areas that were always Commonwealth powers (for example, external affairs and trading corporations)
- constitutional amendment or referral by the States
- the willingness of Australian governments, including supporters of States' rights, to exercise their powers to the full
Read more about this topic: Australian Constitutional Law
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