What is executive power?
Answer
The power to enforce and implement laws
Explanation
Executive power in the Australian constitutional system is the authority to administer and enforce laws, run government departments, conduct foreign affairs, command the defence force, and make decisions about the day-to-day operation of government. Executive power is vested in the Crown under section 61 of the Australian Constitution and exercised by the Governor-General (acting on the advice of the Prime Minister and Cabinet) and by ministers.
Section 61 of the Constitution vests 'The executive power of the Commonwealth' in the Crown, exercisable by the Governor-General as the King's representative. The section also specifies that executive power extends to the execution and maintenance of the Constitution and the laws of the Commonwealth. In practice, almost all executive decisions are made on the advice of the Prime Minister or ministers, with the Governor-General formalising the decisions through commissions, proclamations, regulations, and instruments.
Executive power covers a wide range of activities. It includes the appointment of ministers and senior officials, the operation of federal departments and agencies, the negotiation and ratification of international treaties (subject to parliamentary approval for implementing legislation), the deployment of the Australian Defence Force, the issuance of regulations under enabling Acts of Parliament, and the administration of programmes funded by the federal Budget. The Federal Executive Council, chaired by the Governor-General and made up of ministers, formalises major executive decisions.
Executive power is limited by the Constitution, by the principle of legality (that executive action must be authorised by law), and by judicial review. The High Court and the Federal Court can review executive decisions for legality, procedural fairness, and consistency with the underlying statute. The Administrative Decisions (Judicial Review) Act 1977 provides a statutory framework for review of most federal executive decisions. The Robodebt Royal Commission of 2022 to 2023 was a recent example of judicial and inquiry review finding that executive decisions (the automated income-averaging system) had been made unlawfully. Executive power is also constrained by responsible government, which ties executive decision-making to the elected Parliament.
Why this matters for your test
Executive power is one of the three branches of Australian government and shapes daily administration, and recognising its constitutional basis plus limits gives new citizens the framework for the country's separation of powers.
Source: Australian Citizenship: Our Common Bond (2024)
