NATIONHOOD POWER AND INTERGOVERNMENTAL IMMUNITIES: WHERE DOES THE POWER VEST
NATIONHOOD POWER & INTERGOVERNMENTAL IMMUNITIES: WHERE DOES THE POWER VEST* JASON LANDER
When a crisis, emergency or a national co-ordinated response is required, there may be instances that enliven the power of the executive. These types of scenarios and previous national crises have attempted to be categorical distinguished, to guide or possibly limit the use of nationhood power. This paper specifically highlights the development, and usage of the language pertaining to nationhood power, which the High Court is reluctant to provide a general rubric or set criteria on. However, they all share a common trend by falling outside a direct head of power within the Australian Constitution. This article refers to a hypothetical piece of federal legislation, to clarify how the executive can rely on previous High Court rulings when utilising nationhood power, and whether the fictious legislation adheres to the doctrine of intergovernmental immunities. *Special mention to Dr Jeremy Patrick, who currently teaches the constitutional law course at the University of Southern Queensland. I never thought this area of law would captivate me, or would I continue to gravitate towards reading further High Court decisions on various constitutional matters. We are fortunate as students to have a lecturer like yourself, who is well versed in multiple constitutions across the world. This provides us with a deeper appreciation and understanding of the doctrines and ideas that form governance and shape rulemaking.
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Submitted for assessment in LAW2221
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