Pushing the Boundaries of Executive Power – Pape, the Prerogative and Nationhood Powers
University of Sydney - Faculty of Law
November 4, 2010
Melbourne University Law Review, Vol. 34, No. 1, pp. 313-343, 2010
Sydney Law School Research Paper No. 10/117
A majority of the High Court in Pape v. Commissioner of Taxation accepted that the Commonwealth has executive powers beyond those derived from statute, the prerogative and its capacities as a person. This fourth category of executive power, left nameless by the Court but generally described as the ‘nationhood’ power, remains ill-defined and ill-confined. This article explores the limits on the different categories of executive power, why it was perceived necessary to imply a nationhood power, whether this justification is adequate and how such a power might be limited.
Number of Pages in PDF File: 32
Keywords: executive power, prerogative power, emergency powers, federalism, nationhood power, constitutional implications, spending power, appropriations, legislative power, capacities of the crown
JEL Classification: K10, K30Accepted Paper Series
Date posted: November 7, 2010
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