The Constitutional Validity of State Chief Justices Acting as Governor

(2014) 25 Public Law Review 197 150-154.

U. of Adelaide Law Research Paper No. 160

Posted: 22 Oct 2018

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Date Written: October 19, 2018

Abstract

In the Australian States, a long tradition continues of the Chief Justice of the Supreme Court serving as acting Governor, either through formal appointment as Lieutenant-Governor or by statutory mandate as Administrator.This article examines the validity of the Chief Justice undertaking vice-regal functions as acting Governor in light of the Kable incompatibility principle. The history of, and objections to, this practice are outlined, before two potential justifications are examined: conferral under the persona designata doctrine, and a novel and untested argument arising from the history of the practice and s 106 of the Australian Constitution. It is argued that such appointments can be justified only in limited circumstances under the persona designata doctrine, and that the more extensive appointments which exist in the majority of Australian States at present are invalid.

Keywords: constitutional validity, State Chief Justice, Governor, Kable incompatibility principle

JEL Classification: K10, K19

Suggested Citation

Stubbs, Matthew T., The Constitutional Validity of State Chief Justices Acting as Governor (October 19, 2018). (2014) 25 Public Law Review 197 150-154., U. of Adelaide Law Research Paper No. 160, Available at SSRN: https://ssrn.com/abstract=3269633

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
94
PlumX Metrics