1102GIR Lecture Notes - Lecture 8: Constitution Of Australia, Liberal Democracy, Enumerated Powers
4 May 2018
School
Department
Course
Professor
L8. Federalism and Local Government
Lecture Outline
1. Features of federalism
2. Why do states adopt federal systems?
3. Common criticisms levelled at federal systems
4. Federalism and the Australian experience
5. Federalism and Local Government
Features of Federalism
• Federal systems have:
o Two relatively autonomous tiers/levels of government
o A written constitution
o A constitutional arbiter
o Linking institutions
• Bicameral legislatures
Federalism and Democracy
• Not all liberal democracies have federal systems
o But, federal systems are supported by a core liberal democratic idea
• Power should be dispersed as widely as possible
▪ The Division of Powers
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Alternatives to Federalism
• Unitary Systems: The UK Model
o Unitary systems invest power in one single dominant tier of government
o The United Kingdom is one example of a unitary system of government
• Sovereign power is vested in the Parliament
• There are no other tiers of government recognised by a constitution as there are
in federal systems
o To the extent that other tiers of government exist in a unitary system, they generally
come in the form of local governments and devolved assemblies
• America under the articles of confederation
o Confederations are quite rare
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o They bring together diverse communities to form a weak central government while
preserving as much regional autonomy as possible
o The US between 1781-1789 was a confederation
• There was no executive, no national army, only a weak national legislature
dependent on the States to carry out its laws
o Federal systems try to find a balance between the centralisation of power in unitary
systems and the decentralisation of power in confederations
The Confederal Principle and the European Union
• Today, the confederal principle is best embodied in global and regional organisations
• The EU is often cited as an example of a regional organisation that is support by confederal
principles
• The EU is not a state
o It is a regional organisation made of countries willing to cooperate in some areas
• Its members still guard their national interests when need be
Arguments for Federalism
• Provides a government with sufficient strength and vigour to uphold national security and
provide important national services (The Federalist Papers)
BUT
• Federal systems also aspire to preserve regional identities
• Federal systems can enhance participation of citizens in the democratic process and make
government more responsive to local needs
• Federal systems may have greater legitimacy as they are seen as being closer to the 'people'
• Federal systems protect liberty by creating multiple tiers of government
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Document Summary
Lecture outline: features of federalism, why do states adopt federal systems, common criticisms levelled at federal systems, federalism and the australian experience, federalism and local government. Federal systems have: two relatively autonomous tiers/levels of government, a written constitution, a constitutional arbiter, linking institutions, bicameral legislatures. Federalism and democracy: not all liberal democracies have federal systems, but, federal systems are supported by a core liberal democratic idea, power should be dispersed as widely as possible, the division of powers. Alternatives to federalism: unitary systems: the uk model, unitary systems invest power in one single dominant tier of government, the united kingdom is one example of a unitary system of government. It is a regional organisation made of countries willing to cooperate in some areas. Its members still guard their national interests when need be. Arguments for federalism: provides a government with sufficient strength and vigour to uphold national security and provide important national services (the federalist papers)
