Topic: An analysis of the executive power of the Commonwealth and the prerogatives of the crown

Presenter: Mr Ryan Haddrick - Master of Philosophy, Confirmation Seminar

Since 1922, it has been accepted constitutional orthodoxy that the textual source of the prerogatives of the Crown is to be found within section 61 of the Australian Constitution - the section vesting the executive power of the Commonwealth in the Queen, and exercisable by the Governor-General. It is from this first principle that the High Court of Australia has, particularly in more recent times, sought to describe and give application to the executive power of the Commonwealth, but in so doing has had difficulty reconciling this with the common law powers of the Crown. By looking to constitutional history, the Convention Debates, the leading writers, and the text and structure of the Constitution, this research project seeks to advance an alternative textual source for the prerogatives of the Crown within the Australian Constitution, thereby allowing the definition and scope of the executive power and the prerogative to be determined in a manner that is independent of each other. In particular, the research seeks to reconcile the executive power of the Commonwealth and the prerogatives of the Crown, by sourcing the former in section 61 and the latter in section 64 through its description of members of the Commonwealth ministry as "the Queen's Ministers of State for the Commonwealth".

All welcome, no RSVP required.

Contact: Beth Williams, ph: 334 69350, email: marketing@law.uq.edu.au

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Venue

Sir Samuel Griffith Room, 1-W341, Forgan Smith Building
Room: 
1-W341