Executive Power

The focus of this subject is executive power, as it is understood in common law legal systems, with particular reference to executive power in Australia. Executive power has always played a critical role in systems of government, but in the 21 st century it has become more significant than ever, for reasons that range from new modes of governance to the impact of globalisation. The subject will explore all facets of executive power: its historical evolution; relevant theoretical constructs; practical dimensions of its exercise; and the constitutional, legal, and parliamentary constraints to which it is subject. In doing so, it will engage with some of the most pressing contemporary challenges for the public law of executive power including the rationale(s) for the distinction between prerogative and ‘common law’ executive powers; judicial review of non-statutory executive power; executive power in a federal context; the executive and ‘external’ powers.