Nationhood, Executive Power and the Australian Constitution

Peta Stephenson (Queensland University of Technology, Australia)

$86.99

Paperback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Hart Publishing
22 February 2024

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, Spine: 25mm
Weight: 454g
ISBN: 9781509942367
ISBN 10: 150994236X
Series: Hart Studies in Constitutional Law
Pages: 200
Publication Date: 22 February 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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

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