The High Court and Australian Federalism

This article analyzes the constitutional role of the High Courtof Australia during its first hundred years and the effect ofthat role on the Australian federation. The High Court has acceptedas axiomatic that part of its function is the judicial reviewof legislation of both the federal and state legislatures. Itsapproach is relatively modest and "textualist." That approachhas been affected by historical changes, including Australia'sindependence from Great Britain. The decisions of the High Courthave provided a framework for the development of the Australianfederation over the last century in increasing the relativeimportance of the federal government at the cost of the stategovernments. However, those decisions are probably best viewedas reflecting, rather than creating, the changes and developmentsin the federation.     

Electoral reform and public policy outcomes in Thailand: the politics of the 30-Baht health scheme

How do changes in electoral rules affect the nature of public policy outcomes? The current evidence supporting institutional theories that answer this question stems almost entirely from quantitative cross-country studies, the data of which contain very little within-unit variation. Indeed, while there are many country-level accounts of how changes in electoral rules affect such phenomena as the number of parties or voter turnout, there are few studies of how electoral reform affects public policy outcomes. This article contributes to this latter endeavor by providing a detailed analysis of electoral reform and the public policy process in Thailand through an examination of the 1997 electoral reforms. Specifically, the author examines four aspects of policy-making: policy formulation, policy platforms, policy content, and policy outcomes. The article finds that candidates in the pre-1997 era campaigned on broad, generic platforms; parties had no independent means of technical policy expertise; the government targeted health resources to narrow geographic areas; and health was underprovided in Thai society. Conversely, candidates in the post-1997 era relied more on a strong, detailed national health policy; parties created mechanisms to formulate health policy independently; the government allocated health resources broadly to the entire nation through the introduction of a universal health care system, and health outcomes improved. The author attributes these changes in the policy process to the 1997 electoral reform, which increased both constituency breadth (the proportion of the population to which politicians were accountable) and majoritarianism.     

Management Structures for Government Lawyers

This paper explores the appropriate organisational structures for government lawyers. Professionals may require different arrangements than are applicable to others, particularly if professional skills and culture are to be maintained. These arrangements may include working within a professional group; line management by fellow professionalis of accepted professional competence; collegiate decision‐making processes. The same principles would seem to be applicable to other professional groups.     

The Federation — What Makes It Work and What Should We Be Thinking About for the Future

The Australian Federation is unique. Like all federations there is a division of powers between the various levels of government. However, unlike almost all other federations, the Australian Federation requires the cooperation of the states and the Commonwealth in order to achieve their institutional functions. This federal system can properly be described as 'cooperative federalism'. An understanding of the role of the states within this federal system suggests an urgent need for major constitutional reform at the state level.