Nationhood, Executive Power and the Australian Constitution

Informationen zum Autor Peta Stephenson Klappentext 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. Vorwort The first comprehensive study of the nature and scope of the nationhood power. It considers the debate on the relationship between the legislative and executive branches in parliamentary systems of government. Zusammenfassung 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. Inhaltsverzeichnis Part I Executive Power in Australia 1. Introduction2. The Executive Power of the Commonwealth Part II The Scope of the Nationhood Power 3. The Development of the Nationhood Power in the Australian Case Law4. The Nationhood Power and the Use of the Armed Forces During Emergencies5. The Nationhood Power and Border Protection Part III Limitations on the Nationhood Power 6. Federalism as a Limit on the Nationhood Power7. Conclusion Bibliography Index ...

Préface
The first comprehensive study of the nature and scope of the nationhood power. It considers the debate on the relationship between the legislative and executive branches in parliamentary systems of government.

Auteur

Peta Stephenson

Résumé
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.

Contenu

Part I Executive Power in Australia 1. Introduction 2. The Executive Power of the Commonwealth Part II The Scope of the Nationhood Power 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 Part III Limitations on the Nationhood Power 6. Federalism as a Limit on the Nationhood Power 7. Conclusion Bibliography Index