AUSTRALIAN FEDERALISM – CHALLENGES AT THE BEGINNING OF ITS SECOND CENTURY Cover Image

АУСТРАЛИЈСКИ ФЕДЕРАЛИЗАМ – ИЗАЗОВИ НА ПО- ЧЕТКУ ДРУГОГ ВЕКА ПРИМЕНЕ САВЕЗНОГ УСТАВА
AUSTRALIAN FEDERALISM – CHALLENGES AT THE BEGINNING OF ITS SECOND CENTURY

Author(s): Marko Stanković
Subject(s): Constitutional Law, Government/Political systems, Politics and law
Published by: Правни факултет Универзитета у Београду
Keywords: Australia; Federalism; Federal constitution; System of government; Division of powers;

Summary/Abstract: The federal system combined with parliamentary regime, predominantly inspired by the constitutional arrangements of the Great Britain and the USA, turned out to be the optimal solution for constitutionalization of the Australian political community. One century after promulgation of its federal constitution, Australia has built the stable and democratic political institutions, which correspond to the federal principles defined in its constitutional doctrine (the principles of supremacy, autonomy and participation). The greatest anomaly of the Australian federal arrangement is in its specific technique of de facto constitutional changes. These changes occur by means of adopting the laws which are opposing to the constitution, and their confirmation by the Supreme Court through the exercise of power of judicial review. Australia has faced some new challenges at the end of the 20th century, and amongst those challenges one should stress out the transfer from monarchy to the republic and the creation of the new federal entity (Northern Territory). The Australians voted against these two changes, but the way those issues were resolved shows that any similar questions in the future should not disturb the coherence of the Australian constitutional system.

  • Issue Year: 55/2007
  • Issue No: 2
  • Page Range: 141-155
  • Page Count: 15
  • Language: Serbian