THE RELATIONSHIP BETWEEN THE ROYAL PREROGATIVE AND STATUTE IN AUSTRALIA

The boundaries of the prerogative and the limits on its application are notoriously difficult to determine. But there is an uncertainty surrounding the existence and scope of prerogative powers, their potentially coercive application and their partial abrogation or regulation by legislation. Prerogative powers find their basis in historical usage. One significant consequence is that they cannot be found in a codified source. Their existence can only be confirmed by finding records of examples of their use, sometimes in historical works, sometimes collected by legal commentators and sometimes in court records of disputes about their exercise.

 

40 pages

 

 

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