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Australia: High Court clears way for expansion of federal power
The Australian High Court last month handed down a ruling that opens the door for a major restructuring of the national economic and political framework, accompanied by a further expansion of the federal government’s executive power. While the immediate effect of the decision in New South Wales v Commonwealth of Australia was to uphold the Howard government’s draconian WorkChoices industrial relations laws, the federal cabinet has also been handed almost unlimited power to override state laws, and to rule by executive fiat.
By a 5 to 2 majority, the judges ruled that Canberra could use the “corporations” power of the Constitution to sweep aside state and territory legislation over entire areas of economic and social life, undermining the federal-state division of powers enshrined in the Constitution at Federation in 1901. Led by Chief Justice Murray Gleeson, the majority also approved sweeping regulation-making powers that permit the federal cabinet to govern with minimal parliamentary scrutiny.
As is invariably the case with judicial decisions, the law has been interpreted—and in this instance considerably re-interpreted—to meet definite socio-economic requirements. In essence, the majority decision expresses the interests of the most powerful sections of the corporate elite, who are demanding the re-casting of federalism in line with the dictates of global competition, and a new wave of free-market “reform”—privatisation, de-regulation, outsourcing and asset-stripping—at the expense of the jobs, living standards and working conditions of ordinary people.
More
http://wsws.org/articles/2006/dec2006/high-d20.shtml
As is invariably the case with judicial decisions, the law has been interpreted—and in this instance considerably re-interpreted—to meet definite socio-economic requirements. In essence, the majority decision expresses the interests of the most powerful sections of the corporate elite, who are demanding the re-casting of federalism in line with the dictates of global competition, and a new wave of free-market “reform”—privatisation, de-regulation, outsourcing and asset-stripping—at the expense of the jobs, living standards and working conditions of ordinary people.
More
http://wsws.org/articles/2006/dec2006/high-d20.shtml
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