Lecture Notes: Executive Powers in the Australian Constitution

Introduction

• Speaker: Renato Costa
• Topic: Types of Executive Powers in Australia
• Focus: Constitutional and statutory powers, non-statutory powers

Types of Executive Powers

1. Constitutional Powers

• Defined by the Australian Constitution.
• Section 64: Appointment of ministers of state.
• Section 68: Command of naval and military forces.
• Section 70: Powers previously held by state governors, now by Commonwealth Governor-General.

2. Statutory Powers

• Granted by Acts of Parliament, similar to constitutional powers but legislated.
• Delegated Legislative Powers: Separate topic previously covered.

3. Non-Statutory Powers

• Not detailed in Constitution or Acts of Parliament.
• Include historical powers, immunities, and privileges of the Crown.

Types of Non-Statutory Powers

A. Reserve Powers

• Related to the Governor-General and responsible government.
• Example: Appointment/dismissal of Prime Minister, refusal to dissolve the House of Representatives.

B. Prerogative Powers

• Traditional powers of the Crown, difficult to define.
• Examples: Declaring war, making peace, entering treaties, royal pardons.
• Characteristics: Cannot create new prerogatives, exist under common law.

C. Nationhood Powers

• Related to section 61, "execution and maintenance of the laws of the Commonwealth."
• Examples: Celebrating national symbols and events, as seen in the Davison Commonwealth case (1988).
• Relate to Australia's identity as a sovereign nation, e.g., the Tampa case (Rudok Vardalis, 2001).

D. Common Law Capacities

• Executive powers similar to those of an individual.
• Examples: Entering contracts, spending money.

Conclusion

• Future Topics: Appropriation bills, governmental expenditure.
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