Public Law I - Sources of Power (PDF)

PUBLIC LAW I – SOURCES OF POWER Parliamentary Privilege Dr Tarik Olcay University of Dundee Week 4  LEARNING OBJECTIVES Describe the role of parliamentary privilege in the UK Constitution Explain how the basis and scope of parliamentary privilege i...

PUBLIC LAW I – SOURCES OF POWER Parliamentary Privilege Dr Tarik Olcay University of Dundee Week 4  LEARNING OBJECTIVES Describe the role of parliamentary privilege in the UK Constitution Explain how the basis and scope of parliamentary privilege is determined  PARLIAMENTARY PRIVILEGE An important principle for the proper functioning of Parliament Protects rights and immunities of Parliament by overriding ordinary legal rights enforced by courts Raises important question of who decides on the scope of this privilege if it sets laws aside Two components freedom of speech in Parliament exclusive cognisance  FREEDOM OF SPEECH IN PARLIAMENT To fulfil its functions effectively, Parliament must act freely MPs must be free to voice their ideas, concerns freely and without fear Art IX of the Bill of Rights 1689 ‘the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament’ Enacted mainly in response to royal interference in Parliament’s and MPs’ work, and to make sure MPs’ work is not interfered with by the crown or the courts. Provides comprehensive and absolute immunity for statements made within Parliament.  EXCLUSIVE COGNISANCE Parliament has the right to determine its own rules and procedures. Recognised by courts Bradlaugh v Gosset (1884): ‘what is said or done within the walls of Parliament cannot be inquired into in a court of law’ Reinforced in British Railways Board v Pickin : courts will not look at whether, in enacting legislation, Parliament had been misled by fraud or otherwise.  SCOPE OF PARLIAMENTARY PRIVILEGE Parliamentary privilege overrides ordinary legal rights Relationship between the legislative and judicial branches based on the principle of comity In determining scope, question is: what are ‘proceedings in Parliament’ referred to in the Bill of Rights, and who decides on this? Stockdale v Hansard (1839): courts determine the scope (extent) of parliamentary privilege, but once a subject-matter falls within parliamentary privilege, courts cannot question it Chaytor ‘the extent of parliamentary privilege is ultimately a matter for the court’ the necessity principle: parliamentary privilege sets aside ordinary legal rights only when this is necessary for the effective functioning of Parliament