Responsible Government, Federalism and the School Chaplaincy Case

Alternative Law Journal , 38 1: 3-7

Posted: 19 Jun 2015

See all articles by Graeme D. Orr

Graeme D. Orr

The University of Queensland - T.C. Beirne School of Law

Date Written: 2013

Abstract

This article analyses the power of the Commonwealth to fund activities in broader society, in the wake of the High Court's recent decision in the School Chaplaincy case of Williams v Commonwealth, and the earlier decision in Pape v Commissioner of Taxation. Although the Court rejected the substantive argument about the separation of church and state, the decision provides significant reflections on the Commonwealth executive's expenditure power. The rhetoric in Williams about federal-state power, and responsible government through parliamentary oversight of expenditure, appears to signal a shift in the Court’s previous positions. But, on its own, will do little in shifting the balance on either issue.

JEL Classification: k00

Suggested Citation

Orr, Graeme, Responsible Government, Federalism and the School Chaplaincy Case (2013). Alternative Law Journal , 38 1: 3-7, Available at SSRN: https://ssrn.com/abstract=2620088

Graeme Orr (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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