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EXECUTIVE JD
Transcript
EXECUTIVE POWER
reserve
powers
Execution of the Constitution
Maintenance of the Constitution
"...capacity [via 61 and 51(xxxix)] to engage in enterprises and activities peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation"
In reality!
Scope: Execution & Maintenance of Commonwealth Laws
Dignan
Outer Ministry
Bureaucracy
Armed forces
Statutory bodies
Miscellaneous (AFP etc)
executive power according to constitutional text
Armed Forces
Govt departments
FEC
Ministers
PERSONS IN THE EXECUTIVE
nationhood power
coercive facultative
61. The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth
eg spending
confers rights and duties
Scope: Power exercised without legislative authority
PREROGATIVE POWER
Proprietary Prerogatives
Immunities and privileges
Powers
eg priority in payments of debts
eg - ss 67, 72, 86
national security?
Personal rights
to act like an individual
- eg to contract or spend money
- big question mark over these
Tampa case:
[5.60]
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