Legal studies exercise based on the article "Responsible Government, Federalism And The School Chaplaincy Case" by Graeme Orr And William Isdale: (2013) 38(1) Alternative Law Journal pp 3-7.
This article analyses the power of the Commonwealth to fund activities in broader society, in the wake of the High Court's recent decision in the School Chaplaincy case of Williams v Commonwealth, and the earlier decision in Pape v Commissioner of Taxation. Although the Court rejected the substantive argument about the separation of church and state, the decision provides significant reflections on the Commonwealth executive's expenditure power. The rhetoric in Williams about federal-state power, and responsible government through parliamentary oversight of expenditure, appears to signal a shift in the Court’s previous positions. But, on its own, will do little in shifting the balance on either issue.