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date: 16 April 2021

Abstract and Keywords

This chapter examines questions about the scope of legislative or executive power and the relationship between them primarily through the lens of the separation of powers in Australia. These have been recurrent issues in both the courts and Parliaments for some time. Hence, the chapter begins by examining the framework for the exercise of the legislative power of the Commonwealth. It does so from the standpoint of the separation of powers, by focusing on three significant issues: the concept of legislative power, delegation of legislative power, and authority to appropriate and grant money to the States. Next, the chapter deals with the nature of the executive power of the Commonwealth, including the extent to which it can be exercised without legislative authorization.

Keywords: legislative power, executive power, separation of powers, legislative authorization, Commonwealth doctrine

Cheryl Saunders

Cheryl Saunders has specialist interests in Australian and comparative public law, including comparative constitutional law and method, intergovernmental relations and constitutional design and change. She is a President Emeritus of the International Association of Constitutional Law, a former President of the International Association of Centres for Federal Studies, a former President of the Administrative Review Council of Australia and a senior technical advisor to the Constitution Building program of International IDEA. She has held visiting positions in law schools in many parts of the world and is an officer of the Order of Australia and a Chevalier dans l'Ordre National de la Legion d'Honneur of France.

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