The Appointment of Ministers from Outside of Parliament

Federal Law Review (2012), Vol 40, Issue 2, pp.253-285.

UNSW Law Research Paper No. 2012-51

33 Pages Posted: 7 Nov 2012

See all articles by Alysia Blackham

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

George Williams

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: October 29, 2012

Abstract

Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.

Suggested Citation

Blackham, Alysia and Williams, George, The Appointment of Ministers from Outside of Parliament (October 29, 2012). Federal Law Review (2012), Vol 40, Issue 2, pp.253-285., UNSW Law Research Paper No. 2012-51, Available at SSRN: https://ssrn.com/abstract=2172122

Alysia Blackham

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

George Williams (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

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