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Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power
Citation
Gogarty, B, Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power, Melbourne University Law Review, 42, (2) pp. 455-505. ISSN 1839-3810 (2019) [Refereed Article]
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Copyright Statement
Copyright 2019 Melbourne University Law Review
Official URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_i...
Abstract
This paper continues a wider debate about the interpretation and operationalisation
of s 96 of the Australian Constitution. That debate began in this journal over 30 years
ago with the critical analysis of the orthodox interpretation of the section by
Cheryl Saunders. Despite this, and recent political controversies about the use of
s 96 by the Commonwealth, there is yet to be a direct constitutional assault on the
orthodox interpretation of the provision. However, there has been increasing incidental
consideration of the section as a result of greater scrutiny on the financial provisions
of ch IV of the Australian Constitution. This jurisprudence significantly advances our
understanding of the role and function of s 96 and assists us to resolve many of the
outstanding questions first raised here. This paper will explore that jurisprudence and
suggest an approach to the section that ensures it can operate within the constitutional
system of federal fiscalism, rather than outside of it.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | constitution, federal fiscal power, tied grants, federalism, s 96 |
| Research Division: | Law and Legal Studies |
| Research Group: | Public law |
| Research Field: | Constitutional law |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Government and politics |
| Objective Field: | Government and politics not elsewhere classified |
| UTAS Author: | Gogarty, B (Associate Professor Brendan Gogarty) |
| ID Code: | 136066 |
| Year Published: | 2019 |
| Deposited By: | Law |
| Deposited On: | 2019-11-28 |
| Last Modified: | 2019-12-16 |
| Downloads: | 30 View Download Statistics |
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