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The publication of Parliamentary Privilege in Australia in 1966 established Enid Campbell as the country's leading scholar in the area. Now Professor Campbell has written a successor which, while drawing on parts of the earlier work, focusses on issues and problems which have arisen in recent years, particularly since the enactment of the Commonwealth Parliamentary Privileges Act 1987. Topics specifically examined in the book include - the scope of the central privilege of freedom of speech and debate in parliament; measures adopted by houses of parliaments to regulate exercise of that freedom; restrictions on the uses which may be made of evidence of what has been said and done in the course of parliamentary proceedings; immunities accorded to MPs in respect of various legal processes, such as ones which require them to appear before a court to give evidence; the powers of houses of parliaments to make inquiries and to delegate investigatory powers to committee of their members; the power of houses of parliaments to impose penalties of a criminal character and to discipline their members. This book, like its predecessor, will be the standard reference on the laws concerning the powers, privileges and immunities of Australian parliaments, their members and committees for the next generation.
Joseph Maingot describes the parameters of the principal immunity enjoyed by Members of Parliament, that of freedom of speech, which is restricted to the context of a parliamentary proceeding and not beyond. He points out protections afforded members other than parliamentary privilege and the view of both the courts and the legislatures concerning parliamentary debates and proceedings as evidence in court. He also sets out in detail what the House of Commons considers to be and not to be a matter of privilege, as well as the corporate powers of the Houses of Parliament.
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is open to question whether parliamentary privilege should ever prevent members being successfully prosecuted for criminal offences. The paper consults on whether privilege should be disapplied in cases of alleged criminality, though not in respect of speeches in Parliament. The second major privilege is that of exclusive cognisance: the right of each House to regulate its own proceedings and internal affairs without interference from any outside body including the courts. This includes the conduct of its Members, and of other participants such as witnesses before select committees. Recent court judgments make clear that statute law on employment, health and safety etc do apply to Parliament providing the law would not interfere with Parliament's core functions. The green paper also consults on extending and strengthening select committee powers. A final section covers other miscellaneous privileges.
This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.
The concept of democracy is not new to India. In fact, the substance of self-government lies embedded in its hoary past. Nearly forty-one years ago the country adopted a Constitution based on the principles of liberty, equality, fraternity and the rule of law. India opted for parliamentary form of government because it suited the genius of the people. It elected nine Parliaments on the basis of universal adult franchise and was thus able to live up to the expectations of a political awakened electorate. The image of Parliament and its credibility as a representative institution largely depends on the role and functions of its Members. The objective of the present study is, therefore, to provide an analysis of the work done by the Ninth Lok Sabha (18 December, 1989 to 13 March, 1991) in major fields during its short but eventful life span (one year two months and twenty-six days). This sought to be done by means of articles by distinguished parliamentarians and others, and statements and statistical tables supplemented by brief introductory notes. An effort has also been made to present a comparative picture of the background of Members of the earlier Lok Sabha and the work done by them. One of the noteworthy features of the Ninth Lok Sabha, which held 7 sessions consisting of 109 sittings lasting over 754 hours, was the passing of as many as 63 Bills including 7 Constitution Ammendment Bills. Two of the important Bills passed were the -Prasar Bharati- (Broadcasting Corporation of India) Bill and the -National Commission for Women’ Bill. These may well be considered as landmarks in the history of enactments made by the Parliament. The Government can take credit for answering a staggering number of 21,550 questions on diverse subjects put to it by the members of the Ninth Lok Sabha. It is hoped that the study will be helpful to researchers, parliamentarians and all those who are engaged in a study of the working of parliamentary institutions and processes and enable them to form a picture of the tasks achieved and acquaint them with the diverse activities which a modern Parliament is called upon to perform.
Some of Australia's most highly regarded legal minds provide a timely examination of both the formation of the country's legal and constitutional foundations and the challenges which confront this framework as it continues to evolve.