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Part V Separation of Powers, Ch.26 Separation of Legislative and Executive Power

Cheryl Saunders

From: The Oxford Handbook of the Australian Constitution

Edited By: Cheryl Saunders, Adrienne Stone

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

This chapter examines questions about the scope of legislative or executive power and the relationship between them primarily through the lens of the separation of powers in Australia. These have been recurrent issues in both the courts and Parliaments for some time. Hence, the chapter begins by examining the framework for the exercise of the legislative power of the Commonwealth. It does so from the standpoint of the separation of powers, by focusing on three significant issues: the concept of legislative power, delegation of legislative power, and authority to appropriate and grant money to the States. Next, the chapter deals with the nature of the executive power of the Commonwealth, including the extent to which it can be exercised without legislative authorization.

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