Always the Bridesmaid – Constitutional Recognition of Local Government

Monash University Law Review, Vol. 38, No. 2, pp. 142-180, 2012

Sydney Law School Research Paper No. 13/14

39 Pages Posted: 10 Mar 2013

See all articles by Anne Twomey

Anne Twomey

The University of Sydney - Faculty of Law

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

Twomey, Anne, Always the Bridesmaid – Constitutional Recognition of Local Government (2012). Monash University Law Review, Vol. 38, No. 2, pp. 142-180, 2012, Sydney Law School Research Paper No. 13/14, Available at SSRN: https://ssrn.com/abstract=2231286

Anne Twomey (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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