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Federation has failed. How can we remove it? (Read 548 times)
Daves2017
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Federation has failed. How can we remove it?
Dec 24th, 2025 at 1:20pm
 
It’s time to admit that the Federation of Australian States has become a backward step to our democracy.

We don’t need the political elite from Canberra  now or in the past or future!

“ AI Overview



+4
Australia can cease being a federation either by a full constitutional overhaul via national referendum, as the Constitution calls itself "indissoluble" but allows for change, or by states unilaterally seceding, though this is legally complex, requiring amendments to the Australia Acts and potentially facing High Court challenges, as seen with WA's failed 1933 secession bid. A full break would need widespread public and state agreement through referendums, while state secession would involve complex legal maneuvers to sever ties, a path never successfully taken.
Method 1: Constitutional Change (Full Federation Dissolution)
National Referendum: The most direct way is for the Australian people to vote in a national referendum to change the Constitution, possibly to abolish the federal structure or create a unitary state, requiring majorities in most states and the nation.
Constitutional Convention: A new convention could be held to rewrite the Constitution to dissolve the federation, followed by public votes.
Method 2: State Secession (Leaving the Federation)
Australia Act Amendment: States would need to push for amendments to the Australia Acts (1986) to gain the freedom to leave, requiring requests from all states and Commonwealth legislation.
State-Level Action: A state would then need to change its own constitution, possibly via a state referendum, to sever its ties with the Commonwealth.
Historical Precedent (WA): Western Australia voted to secede in 1933, but the British Parliament rejected the petition, highlighting the legal hurdles and lack of federal consent needed.
Key Considerations
"Indissoluble" Nature: The Constitution states the federation is "indissoluble," making any break difficult and requiring significant legal and political will.
Commonwealth Role: The Commonwealth Parliament has ultimate power over constitutional change, making unilateral state departures almost impossible without its cooperation.
Public Will: Historically, referendums on Federation itself show that broad public support across states is crucial for major constitutional shifts. ”

“AI

We need to consider the removal of the  1st tier of government as it has become increasingly a  pointless tool that only serves its own interests.

Edit, thanks  Mr Greg peck
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« Last Edit: Dec 24th, 2025 at 2:12pm by Daves2017 »  

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Brian Ross
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Re: Federation has failed. How can we remove it?
Reply #1 - Dec 24th, 2025 at 1:52pm
 
The Australian Federation is "indissoluble" which means it cannot be dissolved, ever.  It would take a civil war to dissolve the Federation.  Australia came together because of many factors, including Defence and social welfare.  It remains strong, the same factors weigh upon it.  Tsk, tsk, tsk... Roll Eyes Roll Eyes
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greggerypeccary
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Re: Federation has failed. How can we remove it?
Reply #2 - Dec 24th, 2025 at 2:07pm
 
Daves2017 wrote on Dec 24th, 2025 at 1:20pm:
We need to consider the removal of the 3rd tier of government as it has become increasingly a  pointless tool that only serves its own interests.


The third tier of government is local government - councils/shires.

And yes, it's not a bad idea - an awful lot of corrupt mayors out there.
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #3 - Dec 24th, 2025 at 2:08pm
 
Via personal experience and only a brief examination of history will confirm no ruling government is

“ indissoluble”.

There is as they say, different ways to skin a cat.

I suggest  Federation is a failed experiment in Australia and the states  and citizen are better off without the  first tier of government.

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« Last Edit: Dec 24th, 2025 at 2:13pm by Daves2017 »  

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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #4 - Dec 24th, 2025 at 2:11pm
 
greggerypeccary wrote on Dec 24th, 2025 at 2:07pm:
Daves2017 wrote on Dec 24th, 2025 at 1:20pm:
We need to consider the removal of the 3rd tier of government as it has become increasingly a  pointless tool that only serves its own interests.


The third tier of government is local government - councils/shires.

And yes, it's not a bad idea - an awful lot of corrupt mayors out there.


Thank you for the correction.

I believe we need the local government to ensure that the rubbish is collected and sewerage works and parks are mowed.

They need not pretend that they are responsible for anything else.
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greggerypeccary
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Re: Federation has failed. How can we remove it?
Reply #5 - Dec 24th, 2025 at 2:15pm
 
Daves2017 wrote on Dec 24th, 2025 at 2:11pm:
greggerypeccary wrote on Dec 24th, 2025 at 2:07pm:
Daves2017 wrote on Dec 24th, 2025 at 1:20pm:
We need to consider the removal of the 3rd tier of government as it has become increasingly a  pointless tool that only serves its own interests.


The third tier of government is local government - councils/shires.

And yes, it's not a bad idea - an awful lot of corrupt mayors out there.


Thank you for the correction.

I believe we need the local government to ensure that the rubbish is collected and sewerage works and parks are mowed.

They need not pretend that they are responsible for anything else.


I'm not suggesting we remove those services - we just pass the responsibility on to state governments.
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Brian Ross
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Re: Federation has failed. How can we remove it?
Reply #6 - Dec 24th, 2025 at 2:18pm
 
Daves2017 wrote on Dec 24th, 2025 at 2:08pm:
Via personal experience and only a brief examination of history will confirm no ruling government is

“ indissoluble”.


I suggest you read the Australian Constitution.  It would do you some good.  Tsk, tsk, tsk... Roll Eyes Roll Eyes
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #7 - Dec 24th, 2025 at 2:27pm
 
Brian Ross wrote on Dec 24th, 2025 at 2:18pm:
Daves2017 wrote on Dec 24th, 2025 at 2:08pm:
Via personal experience and only a brief examination of history will confirm no ruling government is

“ indissoluble”.


I suggest you read the Australian Constitution.  It would do you some good.  Tsk, tsk, tsk... Roll Eyes Roll Eyes


I’m aware of the numerous breeches of our constitution by all Federal politicians and the complete disregard our Federal government has for the Constitution so if it’s completely ignored and treated as irrelevant by Federal parliament what would be the point of reading it wholly?
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #8 - Dec 24th, 2025 at 2:30pm
 
I suggest a confederation would be a better option for Australia.

“ A confederation is a loose alliance where sovereign states hold most power, creating a weak central body for specific tasks (like defense), while a federation is a stronger union where power is divided between a central federal government and member states (like provinces), with sovereignty shared and the central government having supreme authority in its defined powers, as seen in the USA vs. the Confederate States. The key difference is where sovereignty lies: with the states (confederation) or shared/held by the federal government (federation).
Confederation (League of States)
Sovereignty: Resides primarily with the member states; they are supreme.
Central Authority: Weak, dependent on states, often just a diplomatic body managing agreements.
Power: Delegates specific, limited powers (e.g., defense, foreign policy) to the center.
Citizens: Accountable to their own state governments, not directly to the center.
Exit: States often retain the right to leave.
Example: The U.S. under the Articles of Confederation, Confederate States of America.
Federation (Federal Republic)
Sovereignty: Shared between the federal government and the states/provinces, with federal law supreme.
Central Authority: Strong, with its own independent powers and government.
Power: Shared powers, with the federal government handling national issues (currency, military, diplomacy).
Citizens: Governed directly by both state and federal laws.
Exit: Membership is generally permanent.
Example: Modern United States, Canada, Australia, Switzerland.
Key takeaway
Think of it as a scale: a confederation is a union of strong states, while a federation is a strong central government with strong states, balancing power through a constitution. ”

“ AI
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Brian Ross
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Re: Federation has failed. How can we remove it?
Reply #9 - Dec 24th, 2025 at 4:04pm
 
Daves2017 wrote on Dec 24th, 2025 at 2:27pm:
Brian Ross wrote on Dec 24th, 2025 at 2:18pm:
Daves2017 wrote on Dec 24th, 2025 at 2:08pm:
Via personal experience and only a brief examination of history will confirm no ruling government is

“ indissoluble”.


I suggest you read the Australian Constitution.  It would do you some good.  Tsk, tsk, tsk... Roll Eyes Roll Eyes


I’m aware of the numerous breeches of our constitution by all Federal politicians and the complete disregard our Federal government has for the Constitution so if it’s completely ignored and treated as irrelevant by Federal parliament what would be the point of reading it wholly?


Really?  As  you claim to know them why haven't you reported them as, "breaches of the Constitution" to the Parliament?  What were they, please?  I have a wish to be elucidated.  Tsk, tsk, tsk... Roll Eyes Roll Eyes
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #10 - Dec 24th, 2025 at 4:16pm
 
“ Key Areas of Alleged Breaches:
The 1975 Constitutional Crisis:
What happened: The Senate refused supply (money) to the Labor government, leading the Governor-General to dismiss the Prime Minister, violating established conventions about responsible government and the Senate's role.
Constitutional Link: While not a direct text breach, it challenged the delicate balance of power and conventions outlined in Sections 61 (Governor-General's powers) and 57 (deadlocks).
COVID-19 Border Closures:
What happened: States closed borders, restricting movement, which opponents argued violated Section 92 ("trade, commerce, and intercourse among the states... shall be absolutely free").
Constitutional Link: A major dispute over whether state health measures were permissible under the absolute freedom of interstate movement guaranteed by Section 92.
Section 44 Disqualifications (Citizenship):
What happened: Several federal politicians were found to hold foreign citizenship or allegiances, making them ineligible under Section 44(i) (allegiance to foreign power) or Section 44(ii) (holding public office for profit).
Constitutional Link: Clear-cut breaches of eligibility criteria, leading to resignations and by-elections, demonstrating the Constitution's strict rules for parliamentarians.
Human Rights & International Law:
What happened: International bodies (like the UN Human Rights Committee) found Australia in breach of human rights treaties (ICCPR) regarding immigration detention, which the government often rejected.
Constitutional Link: Australia has no national Bill of Rights in its Constitution, so these are breaches of international obligations, not the Constitution itself, highlighting a gap in domestic law.
Parliamentary Privilege:
What happened: Cases like R v Theophanous debated whether questioning MPs about parliamentary statements breached privilege, with courts finding technical breaches but not always overturning convictions.
Constitutional Link: Relates to the powers and immunities of Parliament (Sections 49, 50), though often managed through specific Acts like the Parliamentary Privileges Act.
In Summary: While literal text violations are rare, disputes often arise over unwritten conventions, the scope of powers (like Section 92), and the intersection of international human rights law with the limited domestic protections in the Constitution, notes the Australian Human Rights Commission”

“ AI
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #11 - Dec 24th, 2025 at 4:21pm
 
“ Recent "breaches" of the Australian Constitution by federal politicians generally involve legal technicalities and challenges in the High Court, rather than intentional subversions, and are often debated in the context of the High Court's interpretation of constitutional law.
Key recent issues include:

Bungled Payments (2022): A Treasury review identified 25 potential "significant legislative breaches" in 2019-2021 where four Coalition ministers (David Littleproud, Greg Hunt, Jane Hume, and Dan Tehan) had allocated funds without properly delegating payment authorisations to departmental officials, as required by law.
Energy Bill Subsidies (2025): The current Albanese government's $2.3 billion energy bill subsidies were also flagged by the Treasury as a potential technical breach of constitutional law because appropriate written approval was not attained for the payments from the Treasurer.
Implied Freedom of Political Communication
Legislation introduced by federal and state governments is frequently challenged in the High Court on the basis that it infringes upon the implied freedom of political communication in the Constitution.
Social Media Ban for Kids (2024): New federal legislation imposing a minimum age for access to most social media sites has been argued by critics to potentially contravene the implied freedom of political communication.
Protest Laws: Various state-level anti-protest laws have been ruled invalid by the High Court because they were found to impermissibly burden the implied freedom of political communication.
It is important to note that many claims of constitutional breach are political arguments that are ultimately decided by the High Court of Australia, which acts as the final authority on interpreting the Constitution. “

“AI
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #12 - Dec 24th, 2025 at 4:32pm
 
“ Section 109: This is the crucial part of the Constitution, stating: "When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid".
Concurrent Powers: The Constitution lists specific areas where the Commonwealth can make laws (like defence, immigration, marriage). For some of these, both the Commonwealth and states can legislate (concurrent powers), but if they conflict, federal law wins.
Federal Supremacy: This principle ensures a unified national standard in areas of federal concern, preventing states from undermining federal laws, explains the Parliamentary Education Office.”

“AI

I interpreted this to be an example where say, Victoria has introduced a voice to parliament it is in breech of the constitution because at the Federal level a referendum was held that soundly rejected any voice to parliament .

However  the breech to the constitution is simply ignored by all.

Would like me to post more?

I haven’t even started on Scomo and his secret ministries?
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Brian Ross
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Re: Federation has failed. How can we remove it?
Reply #13 - Dec 24th, 2025 at 6:13pm
 
Yes, please.  Your problem is that you are taking only one side of the argument and ignoring the counter arguments.  Look at the matter of border closures, what was the alternative?  The spread of the disease.  Something that was unnecessary and was required by the emergency nature of the event.  Would you prefer hundred and thousand extra Australians killed? Tsk, tsk, tsk... Roll Eyes Roll Eyes
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Daves2017
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Re: Federation has failed. How can we remove it?
Reply #14 - Dec 24th, 2025 at 6:28pm
 
I am answering your question regarding  examples of breeches of the Australian constitution.

I am not arguing about Covid laws simply stating the fact they were/ are unconstitutional.
And  the breech like all the rest was enabled and actioned by Federal Government against the Australian constitution.
Which is the point of my whole thread.

Please try and stay on topic?
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