Nationhood, Executive Power and the Australian Constitution

This book examines the nature and scope of the nationhood power in Australia, discussing when the Federal Executive Government can act without parliamentary authorization. It analyzes judicial observations and evaluates the limits of this power, addressing broader issues about the relationship between the legislative and executive branches in parliamentary systems.

Format: Paperback / softback
Length: 200 pages
Publication date: 22 February 2024
Publisher: Bloomsbury Publishing PLC

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 the limits which apply to it. 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, as well as those who are involved in the administration of government.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509942367