Abstract
Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
Disciplines
Administrative Law | Constitutional Law | Law | Public Law and Legal Theory
Date of this Version
10-29-2012
Recommended Citation
Alysia Blackham and George Williams, "The Appointment of Ministers from outside of Parliament" (October 2012). University of New South Wales Faculty of Law Research Series 2012. Working Paper 51.
http://law.bepress.com/unswwps-flrps12/51
Included in
Administrative Law Commons, Constitutional Law Commons, Public Law and Legal Theory Commons
Comments
This paper is to be published at Federal Law Review (2012), Vol.40, pp.253-285. This paper may also be referenced as [2012] UNSWLRS 51.