Suchergebnisse

Intro -- Foreword -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation -- PART I: EXECUTIVE POWER IN AUSTRALIA -- 1. Introduction -- I. The Scope of this Book -- II. Overview and Structure of the Book -- 2. The Executive Power of the Commonwealth -- I. Section 61 of the Australian Constitution -- II. Sources of Commonwealth Executive Power -- III. A Framework of Analysis: The 'Breadth' and 'Depth' of Commonwealth Executive Power -- IV. Conclusion -- PART II: THE SCOPE OF THE NATIONHOOD POWER -- 3. The Development of the Nationhood Power in the Australian Case Law -- I. The Nationhood Power, Appropriations and Spending in the Australian Assistance Plan Case -- II. The Development of the Nationhood Power in Davis v Commonwealth -- III. The Nationhood Power and Commonwealth Spending -- IV. Limitations on the Nationhood Power -- V. Conclusion -- 4. The Nationhood Power and the Use of the Armed Forces During Emergencies -- I. The Constitutional Framework -- II. The Statutory Framework: Part IIIAAA of the Defence Act 1903 (Cth) -- III. Use of the ADF During Civil Emergencies in Australia -- IV. Scope of Commonwealth Executive Power to Use the ADF During Emergencies -- V. Conclusion -- 5. The Nationhood Power and Border Protection -- I. The Tampa Case -- II. The Tampa Case: Expanding the 'Depth' of the Executive Power? -- III. The Relationship between Commonwealth Executive Power and the Migration Act 1958 (Cth) -- IV. Conclusion -- PART III: LIMITATIONS ON THE NATIONHOOD POWER -- 6. Federalism as a Limit on the Nationhood Power -- I. Substantive Conception of Federalism Underpinning the Nationhood Power Cases -- II. Competition with State Executive Competence -- III. Availability of Other Constitutional Mechanisms and the Relevance of State Consent -- IV. Conclusion -- 7. Conclusion -- Bibliography -- Index.

Indigenous Australians are increasingly finding in Islam the possibility of reconnection with lost Indigenous traditions and a model of community unavailable elsewhere. But this is not a new story. From the Makassan trepang fisherman of Arnhem Land, the Malay pearl-divers of Broome, through the Afghan camel drivers of the interior, Muslims have lived and worked in Australia for over three centuries, and were among the earliest peoples to form connections with Indigenous Australians. Islam Dreaming tells the stories of Australia's Indigenous Muslims.

"The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government."--