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Interpreting Executive Power
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Interpreting Executive Power

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Overview
ISBN 9781760022341 Published Jan. 2020. Hard Cover.
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. CONTENTS Foreword by the Hon Justice James Edelman, High Court of Australia – click "Foreword" to download this free as a preview 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 Published 20 January 2020 Publisher The Federation Press Hardback/272pp ISBN 9781760022341 Australian RRP $160.00 International Price $150.00 currency converter Available Law - Constitutional Law - Administrative Law - Legal Interpretation Government / Political Studies
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