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Free Speech in Congress

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0005
Subject:
Political Science, Comparative Politics

This chapter considers how the constitutional provision for free speech reacts to its English predecessor, and the ways in which it interacts with other American constitutional provisions. It ... More


Conclusion

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0012
Subject:
Political Science, Comparative Politics

This chapter presents some concluding thoughts from the author. It argues that when legislative privilege is functioning properly, it serves to strengthen democracy in the British and American ... More


Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Josh Chafetz

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.001.0001
Subject:
Political Science, Comparative Politics

This book compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. Placing legislative privilege in historical context, the book explores how ... More


Introduction

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0001
Subject:
Political Science, Comparative Politics

This introductory chapter sets out the book's purpose, which is to shed light on the British and American constitutions. The focus is on legislative privilege—those special rights that individual ... More


Freedom from Civil Arrest for Members of Congress

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0007
Subject:
Political Science, Comparative Politics

This chapter considers the freedom from civil arrest historically guaranteed to Members of Congress. It shows that a popular sovereignty-based approach to the arrest privilege requires a balance ... More


Punishment by Congress

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0011
Subject:
Political Science, Comparative Politics

This chapter examines the ability of the Houses of Congress to maintain discipline over Members and non-Members alike. A House can punish its Members, including expelling them, for conduct that is ... More


Lex Parliamenti vs. Lex Terrae

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0002
Subject:
Political Science, Comparative Politics

This chapter deals with conflict between lex parliamenti (the law of parliament) and lex terrae (the law of the land). The Blackstonian conception of privilege necessitates giving lex parliamenti ... More


Political Questions and Nonjusticiability

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0003
Subject:
Political Science, Comparative Politics

The political-questions doctrine has been held to apply to a number of areas, including foreign policy and controversies over whether a state has a republican form of government. Two areas, however, ... More


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