Policy Monographs
Welfare State or Constitutional State?
In this contribution to the CIS Social Welfare Research Program, Suri Ratnapala, Lecturer in Law at the University of Queensland, explains why the welfare state is a constant source of political conflict:
- In Australia, the strict constitutional distinction between legislation and administration has been obliterated by the courts.
- As a result, welfare policy is typically promoted by delegated legislation and administrative regulations that escape parliamentary scrutiny and judicial control.
- This encourages special interests to lobby government for welfare programs that benefits them at the expense of the community.
Suri Ratnapala shows that only by restoring constitutional principles and the rule of law to administration can we have a welfare policy that reflects points of genuine agreement among the public.
