The Role of State Constitutions in Protecting ... - International IDEA

a way that is perceived as “special” by the majority community creates resentment.
Desirably, steps should be taken to create a climate in which cultural diversity in
general and the minority culture in particular is valued and respected. True enjoyment
and development of its culture by the minority community also calls for a
measure of self-government. A properly functioning federation should enable
each of these developments to occur.
Conclusion
Is federalism expensive and complicated and does it encourages conflict? Based on
the Australian experience, federalism is found to be more expensive but has
channelled conflict through democratic processes.
Federalism is more expensive and complicated than a unitary system in a relatively
compact, mono-cultural country in which everything is working smoothly;
but that is not usually the alternative. Thus, in Australia, federalism was the only
basis on which the six colonies would have agreed to unite. A unitary system
might have been possible, but it would have been smaller, certainly without
Western Australia and possibly without Queensland as well. Even now, 100 years
later, federalism assists to maintain the unity of the country. It provides greater
opportunity for democratic and responsive government and, as a consequence,
contributes to efficiency as well.
Federalism provides institutions through which conflict can occur, openly and in
a democratic manner, consistently with the rule of law. It thus provides a means
to express conflicts that are latent; but it provides a framework to manage them
as well.
These are not serious objections to federalism, although of course they should be
considered in the federal design, in order to minimise cost and complexity and
avoid unnecessary division and delay. More importantly, however, objections of
this kind often mask attitudes to governance which are not conducive to
federalism and which need to be confronted to establish an effective working
federation. There is more to federalism than designing a federal constitutional
model. A federal culture is needed also, to underpin the institutions and inform
the principles and to find agreed solutions as problems arise and changes occur. A
federal culture requires a commitment to both unity and diversity; a respect for
difference; and a willingness to share power. It does not necessarily come easily in
any political system. It needs to be exposed as an issue and given some priority.
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