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Questions and Answers
What is the main purpose of parliamentary privilege in the UK Constitution?
What is the main purpose of parliamentary privilege in the UK Constitution?
Which of the following statements best describes the concept of exclusive cognisance?
Which of the following statements best describes the concept of exclusive cognisance?
What does Article IX of the Bill of Rights 1689 primarily address?
What does Article IX of the Bill of Rights 1689 primarily address?
How does the scope of parliamentary privilege typically get determined?
How does the scope of parliamentary privilege typically get determined?
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Which case reinforced the principle that actions taken within Parliamentary walls cannot be questioned in a court of law?
Which case reinforced the principle that actions taken within Parliamentary walls cannot be questioned in a court of law?
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What significant concern led to the enactment of the freedom of speech clause in the Bill of Rights?
What significant concern led to the enactment of the freedom of speech clause in the Bill of Rights?
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Which principle underlies the relationship between the legislative and judicial branches as it pertains to parliamentary privilege?
Which principle underlies the relationship between the legislative and judicial branches as it pertains to parliamentary privilege?
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What is one of the core components of parliamentary privilege?
What is one of the core components of parliamentary privilege?
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Study Notes
Parliamentary Privilege
- Parliamentary privilege is a crucial principle for Parliament's proper functioning. It protects Parliament's rights and immunities, overriding ordinary legal rights enforced by courts.
- It raises the question of who determines the scope of this privilege, given that it can override laws.
- Two key components of parliamentary privilege are freedom of speech in Parliament and exclusive cognisance.
Freedom of Speech in Parliament
- Parliament must act freely to fulfill its functions effectively. Members of Parliament (MPs) must be able to express their ideas and concerns without fear.
- Article IX of the Bill of Rights 1689 states that freedom of speech and debates in Parliament cannot be questioned in any court.
- This provision was enacted to protect MPs from royal interference and ensure their work is not hampered by the crown or the courts. It grants comprehensive and absolute immunity for statements made within Parliament.
Exclusive Cognisance
- Parliament has the authority to create its own rules and procedures.
- Courts acknowledge this authority.
- Case law, like Bradlaugh v Gosset (1884), established that actions within Parliament cannot be investigated in courts.
- Further case law, such as British Railways Board v Pickin (1974), solidified this principle, reaffirming courts' unwillingness to scrutinize the process by which Parliament creates legislation.
Scope of Parliamentary Privilege
- Parliamentary privilege overrides ordinary legal rights, based on the principle of comity (respect or courtesy between different parts of the government).
- Determining the scope of privilege involves identifying what constitutes "proceedings in Parliament" as specified in the Bill of Rights.
- Case law, like Stockdale v Hansard (1839), clarifies that courts define the scope of privilege, but once an issue falls under this privilege, the courts cannot question it further.
- The ultimate responsibility of defining the extent of parliamentary privilege rests with the courts. Privilege sets aside ordinary legal rights only when necessary for Parliament's effective functioning.
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Description
Explore the essential principles of parliamentary privilege, focusing on its significance for effective parliamentary functioning. Understand the rights, immunities, and the critical components of freedom of speech and exclusive cognizance in Parliament, as defined by historical legal frameworks.
