ABSTRACT

In many states, for example, the United States of America, Canada, Australia and Malaysia, there exists a division of powers between central government and the individual states or provinces which make up the federation. The powers divided between the federal government and states or provinces will be clearly set down in the constituent document. Some powers will be reserved exclusively to the federal government (most notably, such matters as defence and state security); some powers will be allocated exclusively to the regional government (such as planning and the raising of local taxation); and others will be held on the basis of partnership, powers being given to each level of government with overriding power, perhaps, reserved for central government. The common feature of all federal states is the sharing of power between centre and region – each having an area of exclusive power, other powers being shared on some defined basis. Equally common to all federations is the idea that the written constitution is sovereign over government and legislature and that their respective powers are not only defined by the constitution but are also controlled by the constitution, which will be interpreted and upheld by a Supreme Court.