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Freedom from Civil Arrest and Legal Process for Members of Parliament

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/9780300113259.003.0006
Subject:
Political Science, Comparative Politics

This chapter considers the freedom from civil arrest historically guaranteed to Members of Parliament. In its earliest form, the privilege was a royal right and was enforced by officials of the ... More


Free Speech in Parliament

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/9780300113259.003.0004
Subject:
Political Science, Comparative Politics

This chapter examines the parliamentary privilege of free speech and debate, and it compares the liberty enjoyed by MPs to that enjoyed by ordinary citizens and the press. The Blackstonian model took ... More


Accountability of and to the Legislature

Nicholas Bamforth

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0011
Subject:
Law, Constitutional and Administrative Law

Theories concerning the roles of courts and legislatures entail certain assumptions about or explicit views concerning accountability. A traditional political constitutionalist might prioritise ... More


The Continuation of Politics, by Other Means: Judicial Dialogue under the Human Rights Act 1998

C. R. G. Murray

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0003
Subject:
Law, Human Rights and Immigration

Much of the judicial-dialogue debate implies that this process was initiated by the Human Rights Act, but developments since its enactment arguably refine the long-established process whereby the ... 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


Press Leaks and Parliamentary Privilege 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0036
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the issues of parliamentary privileges and press leaks in relation to the joint parliamentary committee's (JPC) deliberations on the banks scam. Though JPC chairman Ram Niwas ... More


Breach of Privilege and Contempt of Parliament

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/9780300113259.003.0010
Subject:
Political Science, Comparative Politics

This chapter discusses contempt of Parliament and breach of privilege. The Blackstonian view supports a wider scope for breach and contempt than the Millian view—decisions justified under the Millian ... More


MPs’ Criminal Liability: Tackling Personal Corruption

Jeremy Horder

in Criminal Misconduct in Office: Law and Politics

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198823704
eISBN:
9780191862304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823704.003.0005
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

I provide a definition of ‘corruption’, distinguishing between ‘personal corruption’ and ‘political’ corruption, and then concentrate on personal corruption, and the merits of applying the offence of ... More


Democratic Dialogue and the UK Constitution

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter explains how democratic dialogue is a constitutional model, which rests on general and specific assumptions. The general assumptions are similar to those found in Waldron’s argument ... More


Bribes in Parliament: A Shocking Ruling by the Supreme Court 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0046
Subject:
Law, Constitutional and Administrative Law

This chapter criticises the Indian Supreme Court's April 1998 decision in the Jharkand Mukti Morcha case P.V. Narasimha Rao v State, which held that legislators who take bribes enjoy constitutional ... More


Bribery and Mps 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0045
Subject:
Law, Constitutional and Administrative Law

This chapter examines the legal issues relevant to the bribery of Members of Parliament (MP) in India. Under Article 105(2) of the Indian Constitution, no MP shall be liable to legal proceedings 'in ... More


Criminal Misconduct and the Constitution

Jeremy Horder

in Criminal Misconduct in Office: Law and Politics

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198823704
eISBN:
9780191862304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823704.003.0002
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

I provide reasons to regard to courts’ power to apply the misconduct offence to the conduct of Members of Parliament as a vital measure of last resort to deter and punish corruption at the highest ... More


The Meaning of ‘Speech and Expression’

Gautam Bhatia

in Offend, Shock, or Disturb: Free Speech under the Indian Constitution

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199460878
eISBN:
9780199086351
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199460878.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the scope of Article 19(1)(a)’s freedom of ‘speech and expression’. It commences with an analysis of the Court’s shifting position on commercial speech, and the tensions it has ... More


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