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Federalism is worth preserving

By James Allan - posted Tuesday, 16 May 2006


Australia is well-served by federalism. I don't like the idea of the High Court or the Federal Government chipping away at it.

Let me be clearer still. As a relative newcomer to Australia, I find the labour relations laws here desperately in need of reform. Labour laws in NZ and Britain are much more liberal, and the heavens have yet to fall in either of those countries. But I dislike the Howard Government's mooted plans to try to centralise and take over this area of law. The High Court will probably side with the Federal Government, but I hope it doesn't.

Good things flow from not infringing states' powers. They flow even when you think the states are using these powers in the service of economically illiterate and downright daft policies. I like federalism in this country, though it's already much weaker than in Canada or the US. I like the written constitution here. In this system you expect, and get, differential levels of treatment and different rules.

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Sooner or later one of the states will experiment with more liberal labour relations laws. The benefits will flow or they won't. One-size-fits-all thinking isn't the only way to run a country. Neither is it always the best way. The time to remember this is when you're sure your reforms would be beneficial.

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First published in The Australian on May 11, 2006.



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James Allan is Garrick Professor of Law at the University of Queensland.

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