Always the Bridesmaid – Constitutional Recognition of Local Government
Monash University Law Review, Vol. 38, No. 2, pp. 142-180, 2012
39 Pages Posted: 10 Mar 2013
Date Written: 2012
Abstract
Despite two failed referenda on the subject, local government bodies have been persistent in their campaign for the constitutional recognition of local government. It is not clear, however, what is really intended to be achieved by constitutional recognition and whether sufficient thought has been given to the potential ramifications of the proposal. This article seeks to place the claim for constitutional recognition of local government in its context. It examines the history of local government funding in Australia, the development of direct funding of local government by the Commonwealth and the effects of the Pape and Williams cases on the power to fund local government in this manner. It then critically analyses the current proposals for constitutional recognition of local government and points to the potential unanticipated consequences of success.
Keywords: referendum, constitutional amendment, local government, inter-governmental financial relations, grants, spending power, executive power, federalism
JEL Classification: K10, K30
Suggested Citation: Suggested Citation