Executive Power under the Constitution: A Presidential and Parliamentary System Compared

In Part I of this Article, we provide a brief overview of the major points of comparison between the constitutional structures of the Australian and U.S. systems, as highlighted in Bruff’s 2014 article, with particular attention to the differences between the American separation of powers and the Australian practice of responsible government. In Part II, we explore the adoption and practice of responsible government in Australia in greater depth. We highlight that while, in theory, in the domestic sphere the Australian government is “responsible” and accountable to the Parliament, modern legislative practice has often failed to hold the executive to account within this system. In the foreign sphere, the practice is reversed, with greater parliamentary oversight introduced into a system of previously unbounded prerogative power In Part III, we explain the different aspects of executive power under the Australian Constitution, exploring the exercise of these powers and their regulation against the framework and ideals of responsible government and accountability. We investigate the circumstances under which the Australian government relies on nonstatutory executive power, and how the Australian High Court has attempted to limit and regulate this power using the constitutional structure of responsible government