Executive Power

Objectives:
The course is designed to review the ever-changing scope and operation of the executive power inherent in the Australian Constitution. It is set against the background of the UK development of the concept (largely by the courts). But its primary focus is on s 61 of the Constitution and relevant  decisions of the High Court. It draws also on available literature.

Because of the large expansion of executive power in recent years it then moves on to explore current issues. These are associated with powers relating to migration and 'terrorism', the trend towards republicanising the legal system

Content:
The course content uses an historical, analytical and topical approach to enable the potential of the concept of executive power in Australia to be appreciated and in particular focuses on:

• the emergence of the concept of an Australian executive power and the consequential progressive reduction in reliance on prerogative power as a useful concept
• the conventions and law governing the exercise of executive power (by Governor-General, Ministers, Cabinet and administrators)
• the constitutional grounding of responsible government and its effectiveness in the 21st century
• the narrowing of the traditional immunities and privileges the common law extends to the Crown and the impact of the practice by the executive of privatising and contracting out
• federal issues relating to executive power, including the issues that arise if there is a conflict between the exercise of Commonwealth and State executive power
• the unique position of the executive in the ACT

• challenges to the protection, through the rule of law, of individuals, using as examples counter-terrorism law and migration law.

• Heightened awareness of the complexity of the law relating to executive power
• An understanding of the implications of the sometimes not altogether unanimous views of the judges
• Facilitation of the exercise of executive functions according to law, with an understanding of both its scope and its limitations

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for 2009 Graduate Law Timetable

First two chapters of Blackshield and Williams would be useful, and a glance at ch 12 (Executive Power).