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Typus
KomplettPlagiat
Bearbeiter
Graf Isolan
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 6, Zeilen: 1-19
Quelle: Wright 2007
Seite(n): 7,8,9, Zeilen: 7:25-29 - 8:1-2.16-21 - 9:1-12
[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. The provision has been characterised as much a political settlement as a statutory rule and as a safeguard in the separation of powers.14

Other immunities of members Freedom from arrest for members of the British Parliament was recognised as long ago as 1340.15 The immunity is limited to civil matters and its reach has been clarified and qualified by legislation.16 This immunity is also part of the law of the land and as such it cannot be waived. Another ‘personal’ privilege enjoyed by British members is the exemption from compulsory attendance as witnesses, whether in civil or criminal proceedings.17 The general immunity of members from jury service was ended by legislation in 2003.18

2.1.2 Ability to Punish Contempt

Each House of the British Parliament has long held the power to try contempt. This power is said to derive from the ‘medieval concept of Parliament as primarily a court of justice. As such it was more readily recognized in respect of the House of Lords, but the House of Common [sic] was recognized as having the power to fine and imprison offenders. Persons punished by the House have [included members and others, including sheriffs, magistrates and judges.19]


14 H.Evans ed., Odgers’Australian Senate Practice, 11th ed., Department of the Senate 2004, p.33.

15 May, 23rd ed., (2004), p.83.

16 May, 23rd ed., (2004), p.83.

17 May, 23rd ed., (2004), p.125.

18 May, 23rd ed., (2004), p.125.

[19 May, 23rd ed., (2004), p.92.]

[Seite 7]

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. The provision has been characterised as much

[Seite 8]

a political settlement as a statutory rule28 and as a safeguard in the separation of powers29.

[...]

Other immunities of members

4.6 Freedom from arrest for members of the British Parliament was recognised as long ago as 134033. The immunity is limited to civil matters and its reach has been clarified and qualified by legislation34. This immunity is also part of the law of the land and as such it cannot be waived. Another ‘personal’ privilege enjoyed by British members is

[Seite 9]

the exemption from compulsory attendance as witnesses, whether in civil or criminal proceedings35. The general immunity of members from jury service was ended by legislation in 200336 (and see 6.10 below for recommended changes).

Ability to punish contempts

4.7 Each House of the British Parliament has long held the power to try contempts. This power is said to derive from the ‘medieval concept of Parliament as primarily a court of justice’37. As such it was more readily recognised in respect of the House of Lords, but the House of Commons was recognised as having the power to fine and imprison offenders38. Persons punished by the House have included members and others, including sheriffs, magistrates and judges39.


28 McGee, op cit, p 618, 625-. Mr McGee has also commented on the relatively recent prominence given to Article 9, and on the use of ‘parliamentary material’ in courts in The Scope of Parliamentary Privilege, New Zealand Law Journal, March 2004, pp. 84-87. Mr McKay (then) Clerk Assistant in the House of Commons also commented on the emphasis on Art 9 in evidence to the UK joint select committee on parliamentary privilege and the effects this has had - HL 43, HC 214 II, pp 21-2.

29 Odgers, op cit, p 33; relevant also in this regard in the US – evidence of Mr Johnson, Parliamentarian of the House of Representatives, to UK joint select committee – HL 43, HC 214 II, p 234.

33 May op cit, p 83.

34 May op cit, p 83.

35 May op cit, p 125.

36 May op cit, p 125.

37 May op cit p 92.

38 May op cit p 92.

39 May, op cit p 92.

Anmerkungen

Kein Hinweis auf eine Übernahme. Eine Zwischenüberschrift wurde von Wy nicht als solche erkannt und taucht daher unmotiviert im Fließtext auf.

Sichter
(Graf Isolan), Hindemith

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