Limitations on Executive Power Following Williams V Commonwealth

Abstract

The recent High Court decision of Williams v Commonwealth was significant in delineating limitations on Federal Executive power under the Australian Constitution. Notably, the majority of the Court determined that no analogy may be drawn between the legislative heads of power and executive power. The Court also made pronouncements on the so-called ‘nationhood’ power, the Executive’s capacity to contract and s 116 of the Constitution. This case note provides an overview of the implications of the case on executive power under the Australian constitutional structure.