Open Access Repository

Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power


Downloads per month over past year

Gogarty, B ORCID: 0000-0002-9494-6598 2019 , 'Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power' , Melbourne University Law Review, vol. 42, no. 2 , pp. 455-505 .

PDF (Published version)
136066 - Making...pdf | Download (408kB)

| Preview


This paper continues a wider debate about the interpretation and operationalisationof s 96 of the Australian Constitution. That debate began in this journal over 30 yearsago with the critical analysis of the orthodox interpretation of the section byCheryl Saunders. Despite this, and recent political controversies about the use ofs 96 by the Commonwealth, there is yet to be a direct constitutional assault on theorthodox interpretation of the provision. However, there has been increasing incidentalconsideration of the section as a result of greater scrutiny on the financial provisionsof ch IV of the Australian Constitution. This jurisprudence significantly advances ourunderstanding of the role and function of s 96 and assists us to resolve many of theoutstanding questions first raised here. This paper will explore that jurisprudence andsuggest an approach to the section that ensures it can operate within the constitutionalsystem of federal fiscalism, rather than outside of it.

Item Type: Article
Authors/Creators:Gogarty, B
Keywords: constitution, federal fiscal power, tied grants, federalism, s 96
Journal or Publication Title: Melbourne University Law Review
Publisher: Melbourne University Law Review Association Inc.
ISSN: 1839-3810
Copyright Information:

Copyright 2019 Melbourne University Law Review

Related URLs:
Item Statistics: View statistics for this item

Actions (login required)

Item Control Page Item Control Page