A good article about the way particular constitutional texts assume and form a more comprehensive and unwritten assumptions that imply a particular kind of civilization and a particular kind of human being.Most of the assumptions behind the constitutional preferences are left unstated, because they are taken for granted.
Federalism is one of disclosing this, since federalism expresses a preference for local and regional autonomy and decentralization. Thus way in which the Australian Senate is constituted illustrates the Framers' respect for sectional interests. The Constitution gives all States, regardless of size and population, the same representation in the Senate. Tasmania has the same number of Senators as New South Wales, and this is done in deference to the States as semi-autonomous entities worthy of support and protection. The enormous expansion of Australian central government in the 20th century makes it difficult to remember that the Framers actually expected the States and the people to retain all powers not specifically delegated to the central government.
Hence we have federalism and decentralization.
Posted by Gary Sauer-Thompson at January 9, 2005 12:03 PM | TrackBack