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Nationhood, Executive Power and the Australian Constitution

Nationhood, Executive Power and the Australian Constitution

Author: Peta Stephenson
Publisher: Hart Publishing
ISBN: 9781509942329

Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509942367

List Price: $160.55

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The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia.

The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government.

The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution.

While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.

1. Introduction

2. The Executive Power of the Commonwealth

3. The Development of the Nationhood Power in the Australian Case Law

4. The Nationhood Power and the Use of the Armed Forces During Emergencies

5. The Nationhood Power and Border Protection

6. Federalism as a Limit on the Nationhood Power

7. Conclusion

Bibliography

Index