Nationhood, Executive Power and the Australian Constitution

Peta Stephenson (Queensland University of Technology, Australia)

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English

Hart Publishing
08 September 2022

Comparative law; Constitutional & administrative law

Series: Hart Studies in Constitutional Law

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 and those who are involved in the administration of government.

By: Peta Stephenson (Queensland University of Technology Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509942329
ISBN 10: 1509942327
Series: Hart Studies in Constitutional Law
Pages: 200
Publication Date: 08 September 2022
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Peta Stephenson is Lecturer at the School of Law at Queensland University of Technology, Australia.