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Foskett on Compromise

Edited by: Hon Sir David Foskett, John Sorabji
Price: £299.00

Lord Denning: Life, Law and Legacy



  


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Nationhood, Executive Power and the Australian Constitution


ISBN13: 9781509942329
Published: September 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509942367



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The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia.

The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government.

The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution.

While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.

Subjects:
Other Jurisdictions , Australia
Contents:
1. Introduction
2. The Executive Power of the Commonwealth
3. The Development of the Nationhood Power in the Australian Case Law
4. The Nationhood Power and the Use of the Armed Forces During Emergencies
5. The Nationhood Power and Border Protection
6. Federalism as a Limit on the Nationhood Power
7. Conclusion
Bibliography
Index

Series: Hart Studies in Constitutional Law

Lobbying, Democracy and Public Trust ISBN 9781509955886
To be published September 2027
Hart Publishing
£42.99
Parliamentary Sovereignty: A Sceptical Restatement ISBN 9781509968985
To be published January 2027
Hart Publishing
£42.99
Making and Amending the Constitution ISBN 9781782258278
To be published March 2026
Hart Publishing
£65.00
Regency, Counsellors of State, and the Future of the Modern Monarchy ISBN 9781509976904
To be published August 2025
Hart Publishing
£85.00
The Elusive Right to Privacy: Privacy Theory and Article 8 of the ECHR ISBN 9781849463393
To be published May 2025
Hart Publishing
£65.00
Nationhood, Executive Power and the Australian Constitution ISBN 9781509942367
Published February 2024
Hart Publishing
£42.99
The New Labour Constitution: Twenty Years On ISBN 9781509957255
Published September 2023
Hart Publishing
£44.99
Parliament and the Law 3rd ed (eBook) ISBN 9781509934102
Published September 2022
Hart Publishing
£40.49
(ePub)
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Parliament and the Law 3rd ed ISBN 9781509934096
Published September 2022
Hart Publishing
£95.00
Nationhood, Executive Power and the Australian Constitution (eBook) ISBN 9781509942336
Published September 2022
Hart Publishing
£38.69
(ePub)
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The New Labour Constitution: Twenty Years On (eBook) ISBN 9781509924653
Published March 2022
Hart Publishing
£40.49
(ePub)
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The New Labour Constitution: Twenty Years On ISBN 9781509924646
Published March 2022
Hart Publishing
£95.00
Proportionality and Facts in Constitutional Adjudication ISBN 9781509936984
Published January 2022
Hart Publishing
£90.00
Proportionality and Facts in Constitutional Adjudication (eBook) ISBN 9781509936991
Published January 2022
Hart Publishing
£38.69
(ePub)
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Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
Published October 2020
Hart Publishing
£36.99
Parliament and the Law 2nd ed ISBN 9781509939633
Published June 2020
Hart Publishing
Out of print
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509937523
Published April 2020
Hart Publishing
£44.99
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
Published March 2019
Hart Publishing
£85.00
£33.29
(ePub)
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The Codes of the Constitution (eBook) ISBN 9781509904105
Published January 2019
Hart Publishing
£31.49
(ePub)
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The Codes of the Constitution ISBN 9781509926817
Published January 2019
Hart Publishing
£34.99
Parliament: Legislation and Accountability ISBN 9781509925414
Published November 2018
Hart Publishing
£33.99
Parliaments and Human Rights ISBN 9781849461382
Published June 2018
Hart Publishing
Publication Abandoned
Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
Out of print
Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
Out of print
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May (eBook)
Edited by: Paul Evans
ISBN 9781509900213
Published December 2017
Hart Publishing
£40.49
(ePub)
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Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509900206
Published December 2017
Hart Publishing
£120.00
The Codes of the Constitution ISBN 9781849466813
Published September 2016
Special offer (limited stock)
£90.00
Parliament: Legislation and Accountability ISBN 9781849467162
Published June 2016
Hart Publishing
£80.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
Published June 2016
Hart Publishing
£30.59
(ePub)
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Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849469906
Published November 2015
Hart Publishing
£31.99
£30.59
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The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
Hart Publishing
£27.99
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849464734
Published December 2013
Hart Publishing
£80.00
Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
Published December 2013
Hart Publishing
£28.79
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The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
Published October 2012
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£70.00
The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
Published October 2012
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£25.19
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