Non-statutory executive powers and the exclusion of procedural fairness: when procedural fairness doesn't matter
Journal Contribution ResearchOnline@JCUAbstract
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?
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Resjudicata: contemporary issues in administrative and public law
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1
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2206-3145
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2
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2
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