|
|
Untersuchte Arbeit: Seite: 34, Zeilen: 1-4, (5-7), 8-10, 101-102 |
Quelle: Griffith 2009 Seite(n): 8-9, Zeilen: 8:23-34 - 9:1 |
---|---|
[Like parliamentary privilege, the prerogative consists of special rules that “evolved to enable public] bodies to perform their functions”.115 In both cases the rules were customary in origin, and were developed and decided in special courts – the Star Chamber or Privy Council where the prerogative powers were concerned, the High Court of Parliament in the case of parliamentary privilege. Dicey wrote:
Between “prerogative” and “privilege” there exists a close analogy: the one is the historical name for the discretionary authority of the Crown; the other is the historical name for the discretionary authority of each House of Parliament.116 At odds as the two doctrines were historically, there may yet be parallels to draw between the ways the courts have brought both species of discretionary powers more and more under the rule of the general law. 115 C Munro, Studies in Constitutional Law, Butterworths, 1987, p.136. 116 A.V. Dicey, Introduction to the Study of the Law of the Constitution, 6th ed., Macmillan, 1902, p.371. |
[Seite 8]
Like parliamentary privilege, the prerogative consists of special rules that ‘evolved to enable public bodies to perform their functions’.32 In both cases the rules were customary in origin, and were developed and decided in special courts – the Star Chamber or Privy Council where the prerogative powers were concerned, the High Court of Parliament in the case of parliamentary privilege. AV Dicey wrote: Between ‘prerogative’ and ‘privilege’ there exists a close analogy: the one is the historical name for the discretionary authority of the Crown; the other is the historical name for the discretionary authority of each House of Parliament.33 At odds as the two doctrines were historically, there may yet be parallels to draw between the way the courts have brought both species of discretionary powers [Seite 9] more and more under the rule of the general law. 32 C Munro, Studies in Constitutional Law, Butterworths, 1987, p 136. 33 AV Dicey, Introduction to the Study of the Law of the Constitution, 6th edition, Macmillan 1902, p 371. |
Kein Hinweis auf die erneut wortwörtliche Übernahme. |
|