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Typus
KomplettPlagiat
Bearbeiter
Graf Isolan
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 5, Zeilen: 5-20, 101-104
Quelle: Wright 2007
Seite(n): 7, Zeilen: 1, 9-29
2 Two Major Systems of Parliamentary Privilege

2.1 The British Model

The features of the law of privilege applying in the United Kingdom have evolved over a very long time. Actions by each House of the Parliament, monarch governments and courts have created a significant body of law, and a body of law which naturally reflects the political history of the country.

2.1.1 Freedom of Speech

The privilege of freedom of speech is set out most famously in Article 9 of the Bill of Rights (1689)., A privilege of freedom of speech, however, appears to have been enjoyed by the House of Commons since at least the later years of the 15th century.12 Though the immunity is now often thought of in terms of the protection it gives members and other participants in ‘proceedings in Parliament’ from being sued for defamation, its existence grew out of protracted conflict between the Parliament and the Crown,13 and the conflict in which the right of the Crown to cause members to be called to account for their statements in Parliament was disputed and resisted. The provisions of Article 9: That the freedom of speech and [debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament confirmed Parliament’s claims, and had the formal and explicit agreement of the Crown.]


11 Robert Myttenaere, Report of Parliamentary Privilege, adopted at the Moscow Session, September, 1998.

12 May, T.E., Erskine May’s Treatise on The Law, Privileges, Proceedings and Usage of Parliament, 23rd ed., London, 2004, p.79.

13 See, the Section of “Origin of Parliamentary Privilege” in the Paper.

4. Privilege — two models

[...]

The British approach

4.2 The features of the law of privilege applying in the United Kingdom have evolved over a very long time. Actions by each House of the Parliament, monarchs/governments and courts have created a significant body of law, a body of law which naturally reflects the political history of the country.

Freedom of speech

4.3 The privilege of freedom of speech is set out most famously in Article 9 of the Bill of Rights (1689), however a privilege of freedom of speech appears to have been enjoyed by the House of Commons since at least the later years of the 15th century26. Although the immunity is now often thought of in terms of the protection it gives members and other participants in ‘proceedings in Parliament’ from being sued for defamation, its existence grew out of protracted conflict between the Parliament and the Crown,27 conflict in which the right of the Crown to cause members to be called to account for their statements in Parliament was disputed and resisted. The provisions of Article 9:

That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament

confirmed Parliament’s claims, and had the formal and explicit agreement of the Crown.


26 May op cit, p 79.

27 May op cit, pp 79-82.

Anmerkungen

Kein Hinweis auf eine Übernahme.

Sichter
(Graf Isolan), SleepyHollow02

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