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| [1.] Wy/Fragment 154 01 - Diskussion Zuletzt bearbeitet: 2013-09-15 21:47:02 WiseWoman | Fragment, Gesichtet, KomplettPlagiat, SMWFragment, Schutzlevel sysop, Wright 2007, Wy |
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| Untersuchte Arbeit: Seite: 154, Zeilen: 1 ff. (komplett) |
Quelle: Wright 2007 Seite(n): 9, Zeilen: l. Sp Z. 17ff |
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| [The] court held that this had denied the person’s rights to a fair and impartial hearing476.
In 2002, a British citizen took actions in the court on the ground that she had been subject to discrimination as a result of criticism of her family by a member of the House of Commons. She argued that her right to the determination of her civil rights and obligations by a fair and impartial hearing had been violated by the use of the parliamentary privilege. Presumably because of the wider significance of this case, several European nations were permitted to make submissions. The action failed in the court ruling that parliamentary privilege did not impose a disproportionate restriction on the right of access to a court.477 In 2003 the Court held that immunity did not apply to the repetition out of parliament by a member of Italy’s parliament of a defamatory statement made during proceedings.478 Human rights legislation at a national or state/territory level may also be important to a Parliament.479 The New Zealand Bill of Rights Act 1990 sets out rights and freedoms that the House must observe in exercising its privileges, although the Act does not abrogate any of the House’s privileges. 480 Internal parliamentary processes, such as practices for the protection of witnesses before [the Privileges Committee, take account of these requirements.481] 476 Demicoli v. Malta (1992) 14 EHRR 47; May, 23rd ed., p.155. 477 May, 23rd ed., p.199; Mme Ponceau, Privileges andImmunities [sic] in Parliament, The Association of Secretaries General of Parliaments (ASGP) meeting 17-19 October 2005, [1]. 478 Mme Ponceau, Privileges and Immunities in Parliament, The Association of Secretaries General of Parliaments (ASGP) meeting 17-19 October 2005, [2]. 479 See, For example Canada (House of Commons) v. Vaid (2005) SCC 30 (Supreme Court of Canada), 20 May, 2005. 480 David McGee, Parliamentary Practice in New Zealand, 2nd ed, Wellington: GP Publications, 1994, p.611. |
The court held that this had denied the person’s rights to a fair and impartial hearing88. In 2002 a British citizen took action in the court on the ground that she had been subject to discrimination as a result of criticism of her family by a member of the House of Commons. She argued that her right to the determination of her civil rights and obligations by a fair and impartial hearing had been violated by the use of parliamentary privilege. Presumably because of the wider significance of this case, several European nations were permitted to make submissions. The action failed, the court ruling that parliamentary privilege did not impose a disproportionate restriction on the right of access to a court89. In 2003 the Court held that immunity did not apply to the repetition out of parliament by a member of Italy’s parliament of a defamatory statement made during proceedings90.
8.3 Human rights legislation at a national or state/territory level may also be important to a Parliament91. The New Zealand Bill of Rights Act 1990 sets out rights and freedoms that the House must observe in exercising its privileges, although the Act does not abrogate any of the House’s privileges92. Internal parliamentary processes, such as practices for the protection of witnesses before the Privileges Committee, take account of these requirements93. 87 Campbell, op cit, pp 204-8. 88 Demicoli v. Malta (1992) 14 EHRR 47; May, op cit, p 155. 89 May, op cit, p 199; M Jack A. v the UK ‘The Table’ (2003), pp 35-40; ASGP, op cit, p 66. 90 ASGP, op cit, p 66. 91 See, for example Canada (House of Commons) v Vaid (2005) SCC 30 (Supreme Court of Canada, 20 May 2005). 92 McGee op cit, p 611. 93 Ibid, pp 611, 667. |
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