Interpreting executive power / edited by Janina Boughey and Lisa Burton Crawford.

Alexandria, N.S.W. : Federation Press, 2020

1st edition

89582

Executive power -- Australia.

Constitutional law -- Australia.

1 Executive power in an age of statutes

2 Between a rock and a hard place: executive guidance in the administrative state

3 Statutory interpretation and deference: an executive perspective

4 The case for 'deference' to (some) executive interpretations of law

5 Construing statutes conferring powers - a process of implication or applying values?

6 Executive power and the principle of legality

7 Delegated legislation and rights-based interpretation

8 Executive power in the digital age: automation, statutory interpretation and administrative law

9 The return of the (almost) absolute statutory discretion

10 Regional processing of Asylum seekers, democratic accountability and statutory interpretation

11 Statutory backing of commonwealth government contracts '

12 A statutory shield of the executive: to what extent does legislation help administrative action evade judicial scrutiny?

13 Statutory displacement of the prerogative in Australia

14 Interpreting the limits of non-statutory executive action: what role for grounds of judicial review?

The breadth of executive power is a topic of enduring concern. Yet, it is rarely considered through an interpretive lens. This collection of papers from some of Australia's leading judges, practitioners and academics explores how Australian courts do construe the scope of executive power, and how they should. In particular, the collection focuses on the ways in which courts should interpret statutes which confer powers on the executive branch, and the challenges posed in this regard by the proliferation of statute law, contemporary legislative drafting techniques, and broader developments in the field of statutory interpretation. These themes of statutory interpretation and executive power have dominated recent High Court decisions in public law as well as the speeches and extra-curial writings of High Court judges in recent years. The collection also examines the related topic of the interpretation of non-statutory executive power, with a particular focus on how statutory and non-statutory power might interact, and whether the principles which guide the interpretation of powers that come from statute might also be deployed in the non-statutory realm. - Publisher's website.

9781760022341

xxiii, 244 p. ; 25 cm