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  • Print publication year: 2018
  • Online publication date: October 2018

3 - The Executive, the Prerogative and Emergencies


This chapter explores the executive powers of the Australian government that are of particular relevance in emergency contexts. It focuses on the contemporary interpretation of the High Court on the scope of section 61 of the Commonwealth Constitution, which is viewed as the ultimate source of all national executive power in Australia. It discusses the issue of whether the exercise of the executive power to requisition property for war or emergency purposes is subject to a requirement to pay just compensation. The relationship with the prerogative powers and the notion of a bundle of inherent powers arising from the Commonwealth’s status as a national government are explored. It engages in a discussion of recent cases in relation to measures taken to respond to the global financial crisis of 2007.