Australian Perspectives on Executive Power brings together leading judges, constitutional scholars and practitioners to address a single, unifying question: what will be the key issues in executive power in the coming decades? Across its chapters, the volume maps the historical foundations, doctrinal evolution and emerging fault-lines of non-statutory executive authority – from prerogative and “nationhood” powers to secrecy, immunity, standing, intergovernmental agreements, conflict, expertise in decision-making, and the constraints imposed by proportionality and the implied freedom of political communication.
The book confronts a central constitutional anxiety of modern government: how far executive power can extend in the absence of statute, and what meaningful limits constrain the exercise of non-statutory executive power. Australian Perspectives on Executive Power examines executive power (particularly non-statutory executive power) across a wide range of contexts in which it is exercised, analysing both the sufficiency of the authority it grants to the executive government to achieve its aims, and the effectiveness of the mechanisms by which abuses of executive power are prevented and remedied. By engaging directly with the controversies likely to define litigation, governance and reform of executive power in coming decades, this collection is essential reading for scholars, legal practitioners, judges, government lawyers and policymakers concerned with the future shape of Australian constitutionalism.
Foreword
Chapter 1 Introduction
Part 1 Reflections on Executive Power and Public Governance
Chapter 2 Reflections from the Judiciary and a Crown Solicitor
Speech 1 – Secrecy in Government Decision-Making The Hon Justice Rachael Gray,
Speech 2 Opinions on Executive Power in the Next Decade- The Hon Justice Slattery AM AM(Mil) (RAN)
Speech 3 – Executive Power in the Next Decade, Lucinda Byers
Part 2
Chapter 3 The Hon Robert French AC, Intergovernmental Agreements and Executive Power
Chapter 4 Anne Twomey, Executive Immunity in the United States and Australia
Chapter 5 Samuel White, The Evolution of the Perogative
Chapter 6 Benjamin B Saunders, A Contrarian Perspective on Non-Statutory Commonwealth Executive Power
Chapter 7 Cameron Moore, Australia and the Executive Power During a Conflict in the 21st Century
Chapter 8 Anne Carter, Expertise and the Executive: An Australian Perspective
Chapter 9 Chad Jacobi KC and Bharan Narula, Standing and Commonwealth Grants
Chapter 10 Amanda Sapienza, Non Statutory Executive Action: Issues for Practitioners
Chapter 11 Shreeya Smith, Nationhood and the Non-Statutory Executive Power of the Commonwealth
Chapter 12 Socrates Giatrakos, How Would the Implied Freedom of Political Communication Constrain the Prerogative Powers?
Chapter 13 Zane Shahin and Samuel White, Taming Nationhood: Proportionality as a Constitutional Brake
Chapter 14 The Honourable Justice J A Logan RFD, Executive Power in the Coming Decade
Chapter 15 James Grant Allen, Hidden in Plain Sight: Office and Executive Power in the Australian Constitution
Chapter 16 Peta Stephenson, Commonwealth Immunity from State Laws
Chapter 17 Matthew Stubbs, The Prerogative Powers of the Executive and Reserve Powers of the President in an Australian Republic
Chapter 18 Matthew Stubbs, Samuel White and Ilya Aidman, Conclusion: The Breadth of Modern Government and Anxieties about Non-Statutory Executive Power
