THE INTER-STATE COMMISSION*

Abstract: The Inter-State Commission (ISC), although required by Australia's Constitution, has been in existence from 1913 to 1920 only. In 1975 the Labor government introduced a bill to set up the Commission. The bill was passed in a heavily amended form, but the legislation was not proclaimed by the incoming coalition government. A brief history of the "first" ISC raises the question of whether the High Court would ever have accepted the regulatory powers that the Labor government wished to invest in the late Commission. The ISC envisaged by the Labor government's bill would have had strong powers of regulation, arbitration and investigation over interstate and overseas transport. The Senate left it with weakened investigative powers only. Our Federal system encourages many government practices which are not in the interests of the community as a whole. However, while the ISC's role in curbing these practices would have been beneficial, the States have shown themselves too powerful politically to accept such policing, even if the High Court had allowed the ISC to do so. The ISC as conceived by Labor's bill would not have been politically viable, but the ISC as provided for in the Act would be worth setting up, as it would have several advantages over existing investigative mechanisms. It would have more experience and competence than ad hoc inquiries, and its continued existence would make it difficult to shelve its reports. Its statutory basis, broader terms of reference and its ability to force organizations to divulge information would all serve to make it a better investigative body than the Bureau of Transport Economics.     

Dualism and the limits of European integration

I should like to express my gratitude to members of the Faculty of Law at the University of Bergen, to whom I presented an earlier version of this paper. I should also like to thank Clare McGlynn for her helpful observations on an earlier draft.     

1902 and the Origins of Preferential Electoral Systems in Australia*

Australia is the birthplace of the two main forms of preferential electoral voting — the Alternative Vote (AV) and the Single Transferable Vote (STV) methods. Accident and force of circumstances largely explain their introduction. The Hughes Government introduced the AV system in 1918 in an attempt to prevent the right‐of‐centre parties from splitting their support to the benefit of the ALP. In 1948 the Chifley Government moved to replace the Senate's preferential block system with the STV method in an attempt to electorally contain Menzies. Yet credit also needs be given to the deliberate efforts and clear intentions of their designers. The electoral systems proposed in 1902 were ahead of their time. Indeed, 1902 marked an important step in the design of Australia's electoral system. Once the debate had crystallized around the relative merits of preferential methods, it was only a matter of time before the Commonwealth would see their adoption.