Legal Fundamentals

Legal Fundamentals

Activity 7l

Reserve powers and the 1975 Dismissal

  1. Sir John Kerr exercised his power to dismiss a prime minister who had lost the confidence of parliament.

 

  1. Sir John Kerr stated that he had the authority and the duty under the Constitution to withdraw Whitlam’s Commission as Prime Minister, because the Prime Minister was not able to obtain supply and therefore should have advised a general election or resigned. The use of reserve powers in this situation ensured that the country remained governed when the Government was unable to govern.