ABSTRACT
Under all constitutions, written or unwritten, there will be a number of powers reserved to the executive, powers which are exercisable without the passage of legislation. Such powers may include the entering into treaties, declarations of war and peace, and recognition of foreign states and diplomats. Such powers are referred to as ‘inherent executive powers’, or ‘prerogative power’. Section 2 of the Commonwealth of Australia Constitution Act 1900 confers on the Governor General ‘such powers and functions ... as Her Majesty may be pleased to assign to him’. In 1900, these powers entailed the power to summon, prorogue or dissolve parliament, to appoint judges and other public officials. Section 61 of the Constitution confers the executive power of the Commonwealth in the Queen and declares that this executive power is vested in the Governor General. Other powers were expressly assigned to the Governor General in 1954 and 1973, implying that, for such powers to exist, they must be express and cannot exist by implication or by analogy with the prerogative powers of the Crown.
