Le fédéralisme australien et l'autonomie locale [Australian Federalism and Local Autonomy]

Abstract

This article outlines the form and constitutional structure of the Australian federation and explains its operation in practice. It argues that, while on the face of the Constitution the federation is devolutionary in terms of both institutions and the distribution of powers, it has become progressively centralized over time, through Commonwealth action, judicial interpretation and intergovernmental co-operation. Federalism nevertheless was and is a defining feature of Australian constitutionalism that, even now, operates as a significant check and balance in the Australian constitutional system. The article concludes by identifying some pending developments, each of which has the capacity t..