Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 19 April 2021

Abstract and Keywords

This chapter attempts to develop a more comprehensive understanding of the Australian constitutional system through which government power is arranged, defined, and limited by investigating ‘unwritten’ constitutional rules. Unwritten constitutional rules are most usually associated with the constitutional conventions that govern the exercise of executive power, which is cursorily, nebulously, and at times somewhat misleadingly defined and vested in Chapter II of the Constitution. The chapter thus commences by defining the concept of ‘unwrittenness’ with respect to constitutional rules and relating that to the norms of the Australian constitutional system. It then describes the three identified types of such rules—convention, common law protections, and judicially drawn implications from the constitutional text. Finally, the chapter analyses the existence, scope, enforceability, and acceptance of these unwritten norms within Australia's blend of political and legal constitutionalism.

Keywords: unwritten constitutional rules, Australian constitutional system, government power, executive power, unwrittenness, unwritten norms, political constitutionalism, legal constitutionalism

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.