this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

2020 LIV Council Elections

Nominations are open until 5pm, Wednesday 7 October.

Learn More
Looking for something?
  • Product unavailable. Please contact bookshop on 03 9607 9348.
Interpreting Executive Power

Interpreting Executive Power

By Janina Boughey & Lisa Burton Crawford (editors)

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.

Member

$144.00*

Non-Member

$159.99

VIEW CART
  • Full description

    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.

  • About the author

    Janina Boughey

    Dr Janina Boughey is a Senior Lecturer in Law at The University of New South Wales. Janina teaches and researches in administrative law. She is particularly interested in comparative methods in administrative law, the intersections between human rights and administrative law, and the constitutional role and limits of judicial review of administrative action. Janina has published on these and other topics in leading journals and edited collections in Australia, Canada and the UK.

    Janina’s books include Human Rights and Judicial Review in Australia and Canada: The Newest Despotism?, published by Hart Publishing in 2017 and Public Law and Statutory Interpretation: Principles and Practice (with Crawford, Castan and O’Sullivan), published by The Federation Press in 2017. Janina is the co-director of the Statutes Project at the Gilbert + Tobin Centre of Public Law and the book reviews editor of the Australian Journal of Administrative Law.

    Janina holds a PhD from Monash University (for which she received the 2014 Mollie Holman Doctoral Medal), an LLM (government and commercial law) from the Australian National University and BEc(soc)(sci)/LLB, both with first class honours from the University of Sydney.


    Lisa Burton Crawford

    Dr Lisa Burton Crawford is a Senior Lecturer in Law at The University of New South Wales. Lisa teaches and researches in the field of public law, with a special interest in the intersection of constitutional law, administrative law, and legal theory. She is particularly interested in the constitutional foundations of judicial review of executive action, statutory interpretation, and the ways in which ideas of the rule of law inform legal reasoning.

    Lisa has published on these and other topics in leading scholarly journals and edited collections in Australia and abroad. Her books include The Rule of Law and the Australian Constitution, which was published by The Federation Press in 2017. Lisa is also the co-director of the Statutes Project at the Gilbert + Tobin Centre of Public Law, and the coordinator of AUSPUBLAW, the Australian Public Law Blog.

    Lisa holds a PhD from Monash University (for which she received the 2015 Mollie Holman Doctoral Medal), a BCL (Distinction) from the University of Oxford and a BA/LLB (First Class Honours) from the University of Western Australia.

  • Product details

    ISBN: 9781760022341

    Published: 2020

    Format: Hardcover

  • Table of contents

    Foreword by the Hon Justice James Edelman, High Court of Australia

    1. Executive Power in an Age of Statutes 
               Janina Boughey and Lisa Burton Crawford

    2. Between a Rock and a Hard Place: Executive Guidance in the Administrative State 
               Lisa Burton Crawford

    3. Statutory Interpretation and Deference: An Executive Perspective 
               Emeritus Professor John McMillan AO

    4. The Case for ‘Deference’ to (Some) Executive Interpretations of Law 
               Janina Boughey

    5. Construing Statutes Conferring Powers – A Process of Implication or Applying Values? 
               John Basten

    6. Executive Power and the Principle of Legality 
               Brendan Lim

    7. Delegated Legislation and Rights-Based Interpretation 
               Bruce Chen

    8. Executive Power in the Digital Age: Automation, Statutory Interpretation and Administrative Law 
               Anna Huggins

    9. The Return of the (Almost) Absolute Statutory Discretion 
               Matthew Groves

    10. Regional Processing of Asylum Seekers, Democratic Accountability and Statutory Interpretation 
               Sangeetha Pillai and Shreeya Smith

    11. Statutory Backing of Commonwealth Government Contracts 
               Nick Seddon

    12. A Statutory Shield of the Executive: To What Extent does Legislation Help Administrative Action Evade Judicial Scrutiny? 
               Dominique Dalla-Pozza and Greg Weeks

    13. Statutory Displacement of the Prerogative in Australia 
               Peta Stephenson

    14. Interpreting the Limits of Non-Statutory Executive Action: What Role for Grounds of Judicial Review? 
               Amanda Sapienza

Similar Products

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Police and Government in Australia: Who’s in Charge and Who Should Be in Charge

Police and Government in Australia: Who’s in Charge and Who Should Be in Charge

Ian Killey

Member

$63.00*

Non-Member

$70.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems

The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems

Anne Twomey

Member

$117.00*

Non-Member

$130.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Australian Constitutional Law: Concepts and Cases

Australian Constitutional Law: Concepts and Cases

Luke Beck

Member

$108.00*

Non-Member

$120.00

  • Product unavailable. Please contact bookshop on 03 9607 9348.
Roman Law and the Idea of Europe

Roman Law and the Idea of Europe

Kaius Tuori & Heta Björklund

Member

$162.00*

Non-Member

$180.00

* The ‘Member’ price shown on this page refers to the standard discount for a Practicing Member. Other members, such as Student Members, may be entitled to lesser discount.