Non-statutory executive powers and the exclusion of procedural fairness: when procedural fairness doesn't matter

Fellows, Jamie (2016) Non-statutory executive powers and the exclusion of procedural fairness: when procedural fairness doesn't matter. Resjudicata: contemporary issues in administrative and public law, 1 (2).

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Abstract

This article is a brief introduction (further posts on this topic to come!) regarding an enduring legal question associated with the exercise of 'non-statutory executive powers'. These powers, also called the 'prerogative powers', are exercised by the Commonwealth Government ('Government') by virtue of s 61 of the Commonwealth Constitution and allows the Government to exercise its 'prerogative' over issues that fall outside of the jurisdiction of Parliament and the judiciary – such as decisions involving how to deal with terrorism, declarations of war and so on (more on this below). At times when the Government is exercising these powers, the question that arises is how much, and to what extent must the Government ensure that procedural fairness is given to persons whose interests might be adversely affected by the exercise of those non-statutory powers?

Item ID: 42886
Item Type: Article (Commentary)
ISSN: 2206-3145
Keywords: administrative law,non-statutory powers, executive
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Res Judicata: contemporary issues in Administrative and Public Law is the blog of Jamie Fellows and can be located at: https://resjudicatablog.wordpress.com/

Date Deposited: 19 Feb 2016 02:22
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940406 Legal Processes @ 50%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9402 Government and Politics > 940201 Civics and Citizenship @ 50%
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