Commonwealth Power Over Higher Education: implications and realities
MetadataShow full item record
This paper explores the Commonwealth's power over universities. First it considers the extent of Commonwealth constitutional power as a matter of strict law and second it considers that constitutional power within a wider legal, administrative and practical context. The paper reaches four general conclusions: (i) the Commonwealth enjoys significant direct constitutional power over higher education; (ii) the Commonwealth has significant power to influence and form higher education policy indirectly through conditional funding of universities; (iii) notwithstanding its direct legislative power and its capacity for indirect financial influence, critically the Commonwealth presently lacks the cohesive constitutional power necessary to regulate the universities directly and comprehensively, although this may change in light of an impending decision of the High Court; (iv) in light of this analysis, any genuine attempt at national higher education legislation or regulation by the Commonwealth would, at present, have to be based upon significant cooperation with the States.
Showing items related by title, author, creator and subject.
The use of the principle of subsidiarity in the reformation of Australia’s Federal system of governmentEvans, Michelle (2012)Australia’s federal system of government is established by the structure of the Constitution which provides for a central federal government and six state governments. When the Constitution was originally drafted, the ...
Christopher, Joseph E.R. (2009)Over the last two decades a series of spectacular failures in corporate governance has raised concern about good governance of private and public sector organisations. These concerns inevitably extend to the Australian ...
Fenna, Alan (2013)As noted in the opening chapter, Australia has a liberal-democratic system of government, incorporating, on the one side, the principle of majority rule and governmental accountability and, on the other, the principle of ...