DIVISION OF POWERS OVER CRIMINALIZATION IN A FEDERATION: UNITED STATES OF AMERICA AND AUSTRALIA IN FOCUS

Abstract

In a federal system of governmental powers are shared between the central government and the federating units in a manner that ensures both independence and co-operation in certain areas. This paper examines such power divisions in area of power over criminalization in a federation with United States of America and Australia as examples. It is found that both the Federal Government and the respective states have power to criminalize certain acts. However, the bulk or put differently the general power over criminalization lies with the states. The central government exercises power over criminalization largely in areas it has exclusive legislative power. Though conflicts may arise but there is an in-built mechanism implicit in judicial interpretation that keeps the federal and state government within their legislative competences. The achievement of balance in area of division power of criminalization between the Federal and State governments in USA and Australia is a lesson to the rest of younger countries like Nigeria that operate a federal system of government.