Options for the doctrine of Crown immunity in 21st century Australia

Abstract

This article reviews the historical basis of the doctrine by which the Crown is said to be immune from statute. It finds the evidence in favour of Crown immunity to be equivocal. The article then considers arguments for reform of the current limited Crown immunity doctrine, including complete abolition of the doctrine, a presumption that the Crown is bound by statute, and whether different rules should apply in respect of Crown prerogatives.