The Changed Landscape of the Executive Power of the Commonwealth after the Williams Case

In Williams v Commonwealth, Mr Ron Williams challenged the validity of the National School Chaplain’s Program by reference to s 116 of the Constitution and also a long held assumption about the scope of the executive power of the Commonwealth under s 61. The Court upheld the challenge not by relying on s 116 but by rejecting that assumption and fi nding a defi ciency in the same power. This article critically analyses this development and in particular the reduced scope of the executive power of the Commonwealth in the light of this case and its future implications in relation to the Commonwealth’s ability to spend money and enter into contracts with and without the approval of the Parliament. It also explores the nature and effectiveness of the swift legislative response to the case and argues in favour of upholding the validity of one important aspect of that response.