Section 61 of the Constitution of Australia

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Section 61 of the Constitution of Australia is the key provision that vests the Commonwealth’s executive power in the King (or Governor-General as his representative) and defines its scope and constitutional basis.

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Statements (45)

Predicate Object
instanceOf constitutional provision
section of the Constitution of Australia
alternativeName Section 61 of the Constitution of Australia NERFINISHED
appliesTo Commonwealth of Australia government NERFINISHED
authorityFor Commonwealth executive decisions and actions
basisFor executive actions not requiring statutory authority
exercise of prerogative powers by the Commonwealth executive
category Australian constitutional provision on executive power
chapter Chapter II of the Constitution of Australia NERFINISHED
citedAs s 61 of the Constitution
constitutionalStatus entrenched provision
containedInDocument Commonwealth of Australia Constitution Act 1900 (UK) NERFINISHED
country Australia
dateEffectiveFrom 1 January 1901
defines constitutional basis of the Commonwealth executive power
scope of the Commonwealth executive power
formsPartOf fundamental framework of Australian government
governs executive authority to execute and maintain the Constitution
executive authority to execute and maintain the laws of the Commonwealth
historicalOrigin British constitutional and prerogative traditions
inForce yes
interpretedBy High Court of Australia NERFINISHED
jurisdiction Commonwealth of Australia NERFINISHED
language English
legalEffect vests executive authority of the Commonwealth in the Crown
legalSystem Australian constitutional law NERFINISHED
locatedIn Chapter II – The Executive Government
numberInInstrument 61
partOf Constitution of Australia NERFINISHED
relatesTo Commonwealth executive government NERFINISHED
Governor-General of Australia NERFINISHED
King of Australia NERFINISHED
royal prerogative
separation of powers in Australia
relevantTo ministerial responsibility
reserve powers of the Governor-General
responsible government in Australia
scopeIncludes execution and maintenance of the Constitution
execution and maintenance of the laws of the Commonwealth
states The executive power of the Commonwealth is vested in the King and is exercisable by the Governor-General as the King’s representative
subject executive government
executive power of the Commonwealth
typeOfPower executive power
vestsIn Governor-General of Australia NERFINISHED
King of Australia NERFINISHED

Referenced by (1)

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Executive Government of the Commonwealth constitutionalProvision Section 61 of the Constitution of Australia