Refugees, the Rule of Law and Executive Power: A(nother) Case of the Conjuror's Rabbit?

Northern Ireland Legal Quarterly, Vol. 54. No. 4, pp. 412-429, 2003

University of Queensland TC Beirne School of Law Research Paper No. 09-13

19 Pages Posted: 13 Sep 2010 Last revised: 24 Sep 2010

See all articles by Peter Billings

Peter Billings

University of Queensland - T.C. Beirne School of Law

Date Written: April 2, 2009

Abstract

In this article the author examines the decision in Ruddock v Vadarlis (2001) in which a majority of the FCA determined that the federal government retained executive powers (traceable to the unwritten prerogative powers of the Crown) in order to justify the decision to prevent Afghan asylum seekers lodging refugee claims in Australia. The article analyses those aspects of the decision that deal with the difficult question of when a prerogative power is abrogated or abridged by statute by implication.

Keywords: prerogative/executive powers, relationship of executive powers to statute, interdiction at sea

Suggested Citation

Billings, Peter, Refugees, the Rule of Law and Executive Power: A(nother) Case of the Conjuror's Rabbit? (April 2, 2009). Northern Ireland Legal Quarterly, Vol. 54. No. 4, pp. 412-429, 2003, University of Queensland TC Beirne School of Law Research Paper No. 09-13, Available at SSRN: https://ssrn.com/abstract=1371955 or http://dx.doi.org/10.2139/ssrn.1371955

Peter Billings (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
Brisbane, 4072
Australia

HOME PAGE: http://https://law.uq.edu.au/profile/1278/peter-billings

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