This course reviews the ever-changing scope and operation of the executive power inherent in the Australian Constitution. It is set against the background of the UK development of the concept, largely by the courts, but its primary focus is on section 61 of the Constitution and relevant decisions of the High Court.
Given the significant expansion of executive power in recent years, the course also explores contemporary issues associated with migration and counter-terrorism powers, as well as the trend towards republicanising the legal system.
The course adopts a historical, analytical, and topical approach to enable a deeper understanding of the concept of executive power in Australia. Key topics include:
- the emergence of the concept of an Australian executive power and the consequential progressive reduction in reliance on prerogative power as a useful concept;
- the conventions and law governing the exercise of executive power (by Governor-General, Ministers, Cabinet and administrators);
- the constitutional grounding of responsible government and its effectiveness in the 21st century;
- the narrowing of the traditional immunities and privileges the common law extends to the Crown and the impact of the practice by the executive of privatising and contracting out;
- federal issues relating to executive power, including the issues that arise if there is a conflict between the exercise of Commonwealth and State executive power;
- the unique position of the executive in the ACT; and
- challenges to the protection of individuals through the rule of law, using counter-terrorism law and migration law as examples.
Students will engage with readings, research, and interactive learning activities designed to encourage critical analysis of executive power and its implications in contemporary Australia.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate advanced and specialised knowledge of the principles and current context of executive power, and analyse and critically comment on their operation and implications;
- Critique, critically examine and reflect on the complexity of the law relating to executive power;
- Demonstrate, through comparison and critical evaluation, an understanding of the implications of the sometimes not altogether unanimous views of the judges;
- Cross-examine and review the facilitation of the exercise of executive functions according to law, demonstrating a deep understanding and application of both its scope and its limitations; and
- Plan, design and execute a research project that identifies, critically examines and communicates complex theoretical issues and practical problems in relation to the exercise of executive power, demonstrating relevant research principles and techniques.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page. (100) [LO 1,2,3,4,5]
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week.
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Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Assumed Knowledge
This course requires students to have completed an Australian or equivalent Undergraduate or Postgraduate Law Degree covering Public and Commonwealth Constitutional Law in a common law jurisdiction.
Students undertaking any ANU Law School graduate program may apply for this course if they have the required law background. You will need to contact the ANU Law School to request a permission code to enrol in this course.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2026 | $5520 |
- International fee paying students
| Year | Fee |
|---|---|
| 2026 | $7020 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.