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Parliamentary Privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. Origins In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act. It also means that members of Parliament cannot be arrested on civil matters for statements made or acts undertaken as an MP within the grounds of the Palace of Westminster, on the condition that such statements or acts occur as part of a ''proceeding in Parliament''—for example, as a question to the Prime Minister in the House of Commons. This allows Members to raise questions or debate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immunity From Prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":Dudley Knowles, Political Obligation: A Critical Introduction' (2009), p. 26. Criticism Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them. For example, as one author notes: Types Immunity of government leaders Many forms of immunity are granted to government leaders to rule over the world, continent, nation, province, urban area and rural area without fear of being sued or charged w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Senate Of Canada
The Senate of Canada (french: region=CA, Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they comprise the bicameral legislature of Canada. The Senate is modelled after the British House of Lords with members appointed by the governor general on the advice of the prime minister. The explicit basis on which appointment is made and the chamber's size is set, at 105 members, is by province or territory assigned to 'divisions'. The Constitution divides provinces of Canada geographically among four regions, which are represented equally. Senatorial appointments were originally for life; since 1965, they have been subject to a mandatory retirement age of 75. While the Senate is the upper house of parliament and the House of Commons is the lower house, this does not imply the former is more powerful than the latter. It merely entails that its members and officers outrank the members and officers of the Commons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qualified Privilege
The defence of qualified privilege permits a person in a position of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. In New Zealand and Ontario, for instance, cases of political libel are inhibited by permitting open discussion of an allegation or rumor, if conducted responsibly and with due care for the privacy of the person whose reputation would be affected. This privilege generally does not extend to repetition of discredited statements, malice, or comments made out of process or out of order in the organization or institution in which the position of authority is held. The defence became very important in the UK, especially after a case involving allegations made by the ''Sunday Times'' against the Irish Taoiseach Albert Reynolds. During that case the judge outlined a ten-point test of 'responsible journalism'. If reporters and editors followed these points, the judge said, they would enjo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Papers Act 1840
The Parliamentary Papers Act 1840 (3 & 4 Vict c 9) is an Act of the Parliament of the United Kingdom. The Act was passed in response to the case of '' Stockdale v Hansard'' where it was held that the House of Commons enjoyed no privilege as to publications under its authority circulated beyond Members of Parliament. Provisions The Act provides that: *Publications under the House's authority enjoy absolute privilege against civil or criminal proceedings (s.1); *Correct copies of such publications also enjoy absolute privilege (s.2); *Extracts are protected by qualified privilege. The burden of proof is on the defendant to show that the publication was without malice (s.3). Publication for circulation among Members of Parliament is protected by absolute privilege under common law.''Lake v. King'' (1667) 1 Saunders 131. The Act received Royal Assent on 14 April 1840. The Act is notable by being '' ex post facto'' – it changes the legal status of happenings before the Act was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strangers (Parliament Of The United Kingdom)
The term ''stranger'' is the traditional way of referring to someone physically present in the Palace of Westminster who is neither a member of parliament nor a parliamentary official. In 2004, a motion was approved implementing the recommendation of the Modernisation Committee that the term ''stranger'' no longer be used and be replaced with either ''member of the public'' or ''the public''. Nowadays, visitors can watch debates, and can sit in the Strangers' Gallery. Historically, visitors were not allowed in at all. Parliament still has the right to debate in private, and any visitor causing a disturbance can be ejected, or even taken into custody by the Serjeant at Arms. The House of Commons rarely goes into private session (the last occasion being on 4 December 2001 when it was debating the Anti-Terrorism, Crime and Security Bill), and although much routine business is handled by select committees, second reading and third reading and usually attracts little attention, most ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Practice
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or the will of the majority of the assembly upon these questions. Self-governing organizations follow parliamentary procedure to debate and reach group decisions, usually by vote, with the least possible friction. In the United Kingdom, Canada, Ireland, Australia, New Zealand, South Africa, and other English-speaking countries, parliamentary procedure is often called ''chairmanship'', ''chairing'', the ''law of meetings'', ''procedure at meetings'', the ''conduct of meetings'', or the ''standing orders''. In the United States, it is referred to as ''parliamentary law'', ''parliamentary practice'', ''legislative procedure'', ''rules of order'', or ''Robert's rules of order''. Rules of order consist of rules written by the body itself (often re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speaker Of The House Of Commons (United Kingdom)
The speaker of the House of Commons is the presiding officer of the House of Commons, the lower house and primary chamber of the Parliament of the United Kingdom. The current speaker, Sir Lindsay Hoyle, was elected Speaker on 4 November 2019, following the retirement of John Bercow. Hoyle began his first full parliamentary term in the role on 17 December 2019, having been unanimously re-elected after the 2019 general election. The speaker presides over the House's debates, determining which members may speak and which amendments are selected for consideration. The speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House. Speakers remain strictly non-partisan and renounce all affiliation with their former political parties when taking office and afterwards. The speaker does not take part in debate or vote (except to break ties; and even then, the convention is that the speaker casts the tie-breaking vote acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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