Federalism Project Research


This page showcases research produced as part of the Federalism Project at the Gilbert + Tobin Centre of Public Law, which is funded by the Australian Research Council.

Recent highlights

Books

Book chapters

Refereed journal articles

Other articles

Conference papers

Submissions to public inquiries

Media

 
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Recent highlights

Tomorrow’s Federation reviewed in (2012) 28(2) Policy as‘an outstanding contribution to federal scholarship’

George Williams writes in the Sydney Morning Herald on local politics and government elections.

Paul Kildea writes in Inside Story on COAG and Federal/State relations.

Andrew Lynch considers the findings of the Expert Panel on Constitutional Recognition of Local Government on Inside Story.

‘Tomorrow’s Federation: Reforming Australian Government’ edited by Paul Kildea, Andrew Lynch and George Williams is now available for purchase from Federation Press.

Paul Kildea, Andrew Lynch, Nicola McGarrity and George Williams make submission to the Expert Panel inquiry into Constitutional Recognition of Local Government

Andrew Lynch and George Williams have been awarded $215,000 in funding by the Australian Research Council for the Centre’s Federalism Project over 2012-14.

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Books

P Kildea, A Lynch and G Williams (eds), Tomorrow’s Federation, The Federation Press, Sydney, 2012.

George Williams & David Hume, People Power: The History and Future of the Referendum in Australia (University of New South Wales Press, 2010), 1-303.

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Book chapters

'Making Room for Democracy in Intergovernmental Relations' in P Kildea, A Lynch and G Williams (eds), Tomorrow’s Federation, The Federation Press, Sydney, 2012, 73-91.

'Designing Intergovernmental Grants to Facilitate Policy Reform' in P Kildea, A Lynch and G Williams (eds), Tomorrow’s Federation, The Federation Press, Sydney, 2012, 131-151.

‘The Reference Power: The Rise and Rise of a Placitum?’ in P Kildea, A Lynch and G Williams (eds), Tomorrow’s Federation, The Federation Press, Sydney, 2012, 193-209.

'Rewriting the Federation Through Referendum'  in P Kildea, A Lynch and G Williams (eds), Tomorrow’s Federation, The Federation Press, Sydney, 2012, 294-309.

Neil Warren, ‘Intergovernmentalfiscal arrangements as a constraint on State tax reform under Henry’ in CE Evans, JG Head, and R Krever (eds), Australia’s Future Tax System: A Post-Henry Review(Thomson-Reuters, 2010) 305-63.

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Refereed journal articles

 

Shipra Chordia and Andrew Lynch publish ‘Constitutional Incongruence: Explaining The Failure Of The Council Of The Australian Federation’ in (2015) 43 Federal Law Review 339-367.

Shipra Chordia, Andrew Lynch & George Williams, ‘Williams v Commonwealth: Commonwealth Executive Power And Spending After Williams (No 2)’ (2015) 39 Melbourne University Law Review 306-30.

Shipra Chordia and Andrew Lynch, ‘Federalism in Australian Constitutional Interpretation: Signs of Reinvigoration?’ (2014) 33 University of Queensland Law Journal 83-107.

Andrew Lynch, ‘Fortescue Metals Group Ltd v Commonwealth: The mining tax, discrimination and federalism’ (2014) 38 Australian Bar Review 183-202.

David Hume, Andrew Lynch & George Williams, ‘Heresy in the High Court? Federalism as a Constraint on Commonwealth Power’ (2013) 41 Federal Law Review 71-93.

Shipra Chordia, Andrew Lynch & George Williams, ‘‘Williams v Commonwealth — Commonwealth Executive Power and Australian Federalism’ (2013) 37(1) Melbourne University Law Review 189-231.

 

Andrew Lynch, ‘Commonwealth Financial Powers – Taxation, Direct Spending and Grants – Scope and Limitations’ (2011) 6 Public Policy 23-32.

Andrew Lynch and M Matevosian, ‘Preserving the ‘Federal Balance’ through Judicial Diversity: Clutching at Straws?’ (2011) 13(3) Constitutional Law and Policy Review pp.42-57.

Paul Kildea and Andrew Lynch, ‘Entrenching “Cooperative Federalism”: Is it Time to Formalise COAG’s place in the Australian Federation?’ (2011) 39 Federal Law Review 103 [UNSWLRS version available here].

Andrew Lynch, ‘The Fair Work Act and the Referrals Power – Keeping the States in the Game’ (2011) 24 Australian Journal of Labour Law 1 [UNSWLRS version available here].

Paul Kildea and George Williams, ‘The Water Act and the Murray-Darling Basin Plan’ (2011) 22 Public Law Review 9-14.

Paul Kildea and George Williams, ‘The Constitution and the Management of Water in Australia’s Rivers’ (2010) 32 Sydney Law Review 595-616 [UNSWLRS version available here]

.Paul Kildea and George Williams, ‘Reworking Australia’s Referendum Machinery’ (2010) 35 Alternative Law Journal 22-26.

Andrew Lynch, ‘‘After a Referral: The Amendment and Termination of Commonwealth Laws Relying on s 51(xxxvii)’ (2010) 32(2) Sydney Law Review 363.

Neil Warren, ‘Henry Review, State Taxation and the Federation’ (2010) 43(4) Australian Economic Review 409–21.

Neil Warren, ‘Tax devolution and intergovernmental transfer policy options in a budgetary crisis: UK lessons from Australia’ (2010) 8(2) eJournal of Taxation Research 215–255.

Nicola McGarrity & George Williams, ‘Recognition of Local Government in the Commonwealth Constitution’ (2010) 21 Public Law Review 164-187.

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Other articles

Paul Kildea and George Williams, ‘Australia’s Dysfunctional Federation’ (April 2011) Government: Business, Foreign Affairs and Trade 3-5.

Andrew Lynch, ‘State Referrals and Terrorism Law Reform Paralysis: Cause and Effect?’ (2010) 21 Public Law Review 155.

George Williams, ‘The Coming Referendum on the Recognition of Local Government in the Australian Constitution’ (2010) 9 Local Government Reporter107-9.

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Conference papers

A Lynch, ‘Williams v Commonwealth’, 2012 Government Solicitors Conference, Law Society of New South Wales, Sydney, 28 August 2012.

A Lynch, ‘National Priorities and State Referrals: The Age of Section 51 (xxxvii)’, Sixteenth Public Law Weekend – ‘10 Years on from September 11: the Impact on Public Law’, ANU, 10 September 2011.

Paul Kildea and Andrew Lynch, ‘COAG, the Constitution and Accountability’ (Paper presented at the 3rd Annual Intergovernmental Relations Conference, National Convention Centre, Canberra, 16-17 August 2011)

Andrew Lynch, ‘Commonwealth Financial Powers – Taxation, Direct Spending and Grants – Scope and Limitations’(Paper presented at the Constitutional Centre of Western Australia, Power & Politics Conference, 2-3 July 2011)

Neil Warren, ‘Utilising Grants to Facilitate Policy Reform: A Case for Depooling Repooled Grants’, Federalism Research Roundtable, Faculty of Law, UNSW, Sydney, 24-25 March 2011.

Paul Kildea, ‘Making Room for Democracy: Towards Greater Transparency, Accountability and Participation in Intergovernmental Relations’, Federalism Research Roundtable, Faculty of Law, UNSW, Sydney, 24-25 March 2011.

Andrew Lynch, ‘The Reference Power: The Rise and Rise of a Placitum?’,Federalism Research Roundtable, Faculty of Law, UNSW, Sydney, 24-25 March 2011.

George Williams, ‘Federal Reform by Way of a Referendum’, Federalism Research Roundtable, Faculty of Law, UNSW, Sydney, 24-25 March 2011.

Paul Kildea & Andrew Lynch, ‘Federalism at the Sub-constitutional Level: The Case of the Council of Australian Governments’, VIIIth World Congress of the International Association of Constitutional Law, Mexico City, 6-10 December 2010.

Neil Warren, ‘Fiscal Federalism Transparency and State Leadership on Reform’, Paper presented at the ANZSOG 4th Annual Public Leadership Workshop, Parliament House, Hobart, 25-26 November 2010.

George Williams, ‘The Constitution and Property Rights’ NSW Department of Environment, Climate Change and Water Seminar, Sydney, 8 October 2010.

Paul Kildea and Andrew Lynch, ‘Entrenching ‘Cooperative Federalism’: Is It Time To Formalise COAG’s Place In The Australian Federation?’, Conference of the Australian Political Studies Association, University of Melbourne, 27-29 September 2010.

Neil Warren, ‘The challenge of managing the disproportionate regional impact of the GFC on the Australian Federation’, Paper Presented at the Federalism and the Global Financial Crisis: Impacts and Responses at the 2010 Concurrent Meeting of the International Association of Centers for Federal Studies and IPSA Research Committee on Comparative Federalism and Federations, Philadelphia, 16-18 September 2010.

Neil Warren, ‘Tax devolution and intergovernmental transfer policy options in a budgetary crisis: UK lessons from Australia’, Paper Presented at the Tax Research Network 19th Annual Conference on Tax in Troubled Times held at Bangor University, Wales, United Kingdom, 7-8 September 2010.

George Williams, ‘Land and Water Rights and the Law’ National Farmers’ Federation 2010 National Congress, Melbourne, 7 September 2010.

Paul Kildea, ‘The Future of the Council of Australian Governments’, Annual Conference of the Institute of Public Administration Australia (NSW), Sydney Convention Centre, Sydney, 22 July 2010.

George Williams, ‘Opening Address: Property Rights and Just Terms Compensation’ NSW Farmers Association Annual Conference, Sydney Olympic Park, 20 July 2010.

Neil Warren, ‘Intergovernmentalfiscal arrangements as a constraint on State tax reform under Henry’, Paper presented at Conference on ‘Australia’s Future Tax System: A Post-Henry Review’, Sydney, 21-23 June 2010.

George Williams, ‘The Constitutional Recognition of Local Government’ 2010 National General Assembly of Local Government, National Convention Centre, Canberra, 16 June 2010.

Andrew Lynch, ‘The Fair Work Act – The Referrals Power Comes to the Rescue Once More’, Public Lecture, ANU College of Law, Australian Labour Law Associations and Industrial Relations Society of the ACT, Australian National University, Canberra, 24 March 2010.

George Williams, ‘The Constitution and the Management of Water in Australia’s Rivers’, Supreme and Federal Courts Judges’ Conference, Hyatt, Canberra, 25 January 2010.

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Submissions to public inquiries

Shipra Chordia, Paul Kildea, Andrew Lynch, Nicola McGarrity and George Williams make a submission to Joint Select Committee on Constitutional Recognition of Local Government on Inquiry into constitutional recognition of local government, 14 December 2012.

Paul Kildea, Andrew Lynch and Robert Woods, Submission to the Joint Committee of Public Accounts and Audit, Inquiry into National Funding Agreements, 7 April 2011.

Paul Kildea and George Williams, Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Provisions of the Water Act 2007, 16 March 2011.

George Williams, Submission to Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth Bill) 2010.

Paul Kildea and George Williams, Submission to House Standing Committee on Regional Australia, Inquiry into the Impact of the Murray-Darling Basin Plan in Regional Australia, January 2011.

Paul Kildea & George Williams, Submission to Senate Standing Committee on Rural Affairs and Transport, Inquiry into the Management of the Murray-Darling Basin, January 2011.

Paul Kildea, Andrew Lynch & George Williams, Submission to the Senate Select Committee on Reform of the Australian Federation, August 2010.

Paul Kildea, Andrew Lynch & George Williams, Submission to the Senate Standing Committee on Environment, Communication and the Arts, Inquiry into the Water (Crisis Powers and Floodwater Diversion) Bill 2010, June 2010.

Paul Kildea and Andrew Lynch, Submission to the National Human Rights Consultation Committee, 27 May 2009.

Neil Warren appeared before a Parliament of Victoria Inquiry into State Government Taxation and Debt, Economic Development and Infrastructure Committee, 29 October 2010.

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Media

Shipra Chordia, 'Murray-Darling: why Australia needs intergovernmental cooperation', the Conversation 30 October 2012

Andrew Lynch, ‘School chaplains decision opens can of worms for federal funding’ The Australian (3 July 2012).

Andrew Lynch, ‘All politics isn’t necessarily local’, Inside Story (10 January 2012).

George Williams, ‘A state of confidence up north as NT moves towards adulthood’Sydney Morning Herald, 19 July 2011.

George Williams, ‘Chaplaincy challenge reveals legal failure’Sydney Morning Herald, 24 May 2011.

George Williams, ‘O’Farrell needs to prove that states can do things better’ Sydney Morning Herald, 29 March 2011.

Paul Kildea and George Williams, ‘COAG: How to turn a “parking lot for tough decisions” into something really useful’, The Conversation, 24 March 2011.

George Williams, ‘Nothing to fear but timidity in Brown’s bill’ Sydney Morning Herald, 15 March 2011.

George Williams, ‘COAG needs to be loved and nurtured’ Sydney Morning Herald, 16 February 2011.

George Williams, ‘Reform of pokies tests Gillard deal with Wilkie’, Sydney Morning Herald, 1 February 2011.

Paul Kildea, ‘Referendum education must start without delay’, Australian Financial Review, 16 November 2010.

George Williams, ‘When water pours into legal minefields’, Sydney Morning Herald, 26 October 2010.

George Williams, ‘States could legalise same-sex marriage’, Sydney Morning Herald, 28 September 2010.

George Williams, ‘Too rich, too weak to succeed seceding’, Sydney Morning Herald, 11 May 2010.

Paul Kildea and Andrew Lynch, ‘Healthy Cooperation’, The Drum (ABC), 14 April 2010.

Paul Kildea, ‘Abbott’s Populist Federalism Pitch No Silver Bullet’, Crikey, 22 January 2010.

Neil Warren, ‘With GST Ruled Out Tax Reform Limited’, The Australian, 23 October 2009.

George Williams, ‘Health Reform Needs a Federal Fix First’, Sydney Morning Herald, 28 July 2009.

George Williams, ‘High Court Casts Shadow on Canberra’s Lofty Vision’, Sydney Morning Herald,9 July 2009.

George Williams, ‘One Man’s Rare Win for States’ Rights may Ring Hollow’, The Age, 9 July 2009.

George Williams, ‘Work Choices Flaw Lives on in Industrial Relations Law’, Sydney Morning Herald, 20 May 2009.

George Williams, ‘Challenge to Bonuses has its Merits’, Sydney Morning Herald, 20 March 2009.

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