The Executive Flashcards
What are the common names for the Executive?
The Crown The Commonwealth The State The Executive The Government
What are the main roles of The Executive?
Generates policy that becomes legislation
Through Parliament for example
Makes delegated legislation
Through organisations like VicRoads
Interprets and administers the laws as they apply to individuals
It enforces judgments through codification of the common law; in legislation
It delivers judgments in the administrative tribunal system
VCAT for example, members are apart of the executive
Has broad powers to respond to emergencies or crisis, ie through military power
Peace and War, the ability to enter a war or enter peace with one or more other nations
Treaties; the ability and power to sign treaties for the nation or state
UN
Where does the Executive get its power from?
At a national level, they get their powers from s61 of the constitution
S61 - Executive Power
The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor‑General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
The Governor General also has their powers from the constitution.
S 5 – prorogue, dissolve and summon Parliament
S 32 – Issue writs for a general election
S 33 – Issue writs for vacancies
S 56 – Recommend money votes
S 57 – Convene joint sittings of the two houses
S 58 – Assent to bills
S 68 – Command the defence forces, Commander of the defence forces
S 72 – Appoint and remove judges
S 103 – Appoint and remove members of the Interstate commission
What are the two types of statutes created by the Executive?
Legislation and Designated Legislation
What are the perogative powers assigned to the GG?
Royal or executive prerogatives, including the capacity to wage war, or make peace, enter into treaties, grant pardons and establish royal commissions of inquiry;
Preferences or immunities, including the immunity from prosecution, the presumption against the application of legislation, and the right to have preference as a creditor
Proprietary prerogatives, including the right to precious metals fish and treasure.
What three cases empowered the nationhood powers?
Davis v Commonwealth
Ruddock v Vadarlis (Tampa Case)
Pape v Commissioner of Taxation
What are the limits to the executive power?
Laws cannot go beyond the bounds of the laws that empower it (ie the constitution)
Can be limited by specific laws that are enacted for that purpose
Rule of law
