Co-Operative Arrangements in Comparative Perspective

in G Appleby, N Aroney and T John (eds), The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives, Cambridge University Press (2012)

U of Melbourne Legal Studies Research Paper No. 646

20 Pages Posted: 9 Jul 2013

See all articles by Cheryl Saunders

Cheryl Saunders

University of Melbourne - Law School

Date Written: July 8, 2013

Abstract

Australia has a broad network of intergovernmental arrangements across almost every area of government activity. The growth of intergovernmental arrangements of various kinds has been fuelled by pressures for harmonisation and federal dominance of financial resources. This chapter examines intergovernmental arrangements in Australia, including recent governance changes to the Council of Australian Governments (COAG), ministerial councils and financial agreements. It suggests that, lacking a broad vision and principled framework, these initiatives fall short of providing adequate transparency and accountability, with adverse consequences for representative and responsible government and the rule of law. It may be that the time has now come to accept that intergovernmental arrangements and practices in Australia now represent a distinct mode of governance for which more structured provisions should be made, in the interests of federalism and constitutionalism more broadly. Drawing on insights from other federations facing similar problems, in particular Germany, the European Union and the United States, the chapter argues that Australia should adopt a formal, public and principled institutional framework for the network of intergovernmental ministerial councils; increase the involvement of parliaments in intergovernmental decision-making; and explore the possibility of a suitable constitutional amendment to provide the legal framework for a transparent, effective and genuinely cooperative intergovernmental schemes.

Keywords: comparative, federalism, intergovernmental, Australia, constitution

JEL Classification: K00, K39

Suggested Citation

Saunders, Cheryl Anne, Co-Operative Arrangements in Comparative Perspective (July 8, 2013). in G Appleby, N Aroney and T John (eds), The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives, Cambridge University Press (2012), U of Melbourne Legal Studies Research Paper No. 646, Available at SSRN: https://ssrn.com/abstract=2291300

Cheryl Anne Saunders (Contact Author)

University of Melbourne - Law School ( email )

Centre for Comparative Constitutional Studies 723 Swanston Street (2nd Floor)
Parkville, Victoria 3010
Australia
61 3 8344 0753 (Phone)
61 3 8344 9374 (Fax)

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