Should The Australian Constitution Protect The Sovereignty Of The States?

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The Australian Constitution explicitly enumerates constitutional laws to protect the sovereignty of the States.

Sovereignty is a nation having legitimate power to govern itself independently of foreign powers . The Australian Constitution is often referred to as the ‘people’s document’. It explicitly outlines the strict “structure, powers and procedures” that must be adhered to by Parliament. The Founding Fathers who played a significant role in federating Australia, has the foresight to protect the sovereignty of individual states during the drafting process of the Australian Constitution. The sovereignty of the states was achieved by providing equal representation in the Senate for the six original colonies. The Senate, referred to as …show more content…

For example, in SA, the new Royal Adelaide hospital expected to open in 2016, was an initiative by the State Government . This occurred because it is a residual power of the state and as a result, the Federal Government is unable to make laws concerning the health system . This is a key factor that ensures that State priorities are met, as the Federal Government can be ignorant to each States necessities, due to the location of Parliament House. Potentially, the Federal Government could have neglected the construction of a new hospital as a key priority for the state. Hence, the division of powers protects the sovereignty of the States by providing them with legislative power not enumerated in section 51 and section 52 of the Australian …show more content…

Hence emphasising that ultimately parliament overrules State laws and therefore, has the power to dictate each States development . Alternatively, this ensures uniformity throughout Australia; thus establishing social cohesion by ensuring a harmonious environment . This facilitates social progress by amending laws to include the morals and values of society at that time . Again, this reinforces the purpose of federation and the formation of the Australia Constitution by the Founding Fathers who had the foresight to protect the sovereignty of the

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