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The Forum > Article Comments > Goodbye to states' rights > Comments

Goodbye to states' rights : Comments

By George Williams, published 16/11/2006

The WorkChoices case is a comprehensive legal victory for the Howard Government.

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At last. George has something other than a Bill of Rights to talk about. Yesterday he was described in the media as an aspiring ALP candidate. His ALP mates in state governments brought this on themselves. They challenged the IR laws in the High Court, and now taxpayers have to pay millions for their silliness, including the Federal Government’s costs. Brilliant move from the duds to the left.

George seems to have forgotten, too, that Hawke did something similar with the Franklin dam proposal, and Keating with Mabo. No complaints there, George?

George believes that the decision would have “shocked the framers of our 1901 constitution”. That’s his opinion. Other opinions suggest
that the founding fathers would have done without the states if they knew what was going to happen, and is happening now, with the states and their incompetent administrators.

With the exception of WA, the states are economic basket cases, whereas the Federal Government has managed the economy extremely well. More power to the Feds, and out with the states. We have too many politicians.
Posted by Leigh, Thursday, 16 November 2006 9:00:41 AM
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While I'm a 'Johnny man' and proud of it, I think that whenever the High Court interprets the constitution at least some objectivity should be applied to critiques of the decision. In this case the corporations power has been interpreted by the majority in a far more general and potent manner than previously interpreted. Kirby J was correct when he noted that the the majority was in fact passing judgment on more than just 'Work Choices'.

I doubt that those who wrote the constitution would support the decision of the majority in this instance. But I also doubt they would have ever expected corporations to play such a role in society nor would they have envisaged that a federal opposition and state governments could be so incompetent, sleazy and impotent. The ALP is an embarrasment at all levels, and the reason the general public is not taking more notice of the High Court is because it is quite happy to see johnny running the show.
Posted by wre, Thursday, 16 November 2006 9:30:58 AM
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No the states still have rights the rights to do the right thing

but dont worry when kimmy gets in

he will start his own agenda not the peoples on federalism

he has already discussed this so watch out
Posted by tapp, Thursday, 16 November 2006 10:16:39 AM
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Spare me the Applause for the Feds Leigh;

The point the author tried to make - notwithstanding his political aspirations - is pretty consistent with that of most constitutional lawyers and academic - and spare me thesneer at the concpet of academics - I can see your lip curling from here!

Even that old curmudgeon John Stone is of the view it has opened the door to increased pwer to the feds at the expense of the states - if governments have access to power they will use it simple as that.

The fact that we are over governed is of no relevance in the context that you put it - the potential for increased cetralisation of control - is the greater form of over governance - even if the states withered on the vine - the scope this decision gives to a government of any persuasion - should lead most right thinking people to the liquor cabinet.

Long gone are the days when a government has been scared of the people - this decision just re-inforces the notion that the people with good reason now need to be scared of the government.

And enough with the Feds and their economic competance - they are simply riding on the wave of the resource boom - I expect them to be beached fairly soon
Posted by sneekeepete, Thursday, 16 November 2006 10:19:24 AM
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Don’t get all excited by the notion that the states are some sort of sentinel protecting workers from a rampaging federal government. Hands up all those who can remember Bob Carr taking the knife to workers’ compensation legislation which reduced the payout available to injured workers. And what theatre it was to see some of the unions join the ALP in this latest action in the high court. Surely we must be approaching the last day when the lion shall lie down with the lamb.

The states should be declared insolvent and tossed into the dustbin. They have now exceeded their use by date.
Posted by Sage, Thursday, 16 November 2006 12:15:08 PM
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Goodbye to States Rights.
As a person who did not celebrate the Centenary of Federation,I am
not confident in this arguement that the Howard Government is to blame for the Social and Political mess that our Federation has brought on the Australian Public.
When each state built a train line out of the State Capital on different gauges.We were doomed by the Federation of States self interest.
The West Australian Government is investing every possible dollar it can out of the Mining Boom,into Perth infarstructure.
The South Australia Government is taxing people four hundred kilometres from the River Murray the "River Murray Levy".
Mount Gambier 18 kilometres from Victoria is being robbed by the Adelaide based state governmnet.
Mount Gambier the second largest city in South Australia receives very little State assistance ,yet gets more Federal Funding.
The Roads for Recovery scheme has helped many communities,who if they waited for their State Government would still be driving along pot holded roads.
I would always stand up for the rights of workers but to blaim the 1901 Constitution or the Howard Government is somewhat of a long bow.
It is time to "Scrap the States" and look to regional Governments and a strong Federal Government as happens in "Mother England."
Posted by BROCK, Thursday, 16 November 2006 12:38:34 PM
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