Fandom

VroniPlag Wiki

Wy/Fragment 056 03

< Wy

31.373Seiten in
diesem Wiki
Seite hinzufügen
Diskussion0 Teilen

Störung durch Adblocker erkannt!


Wikia ist eine gebührenfreie Seite, die sich durch Werbung finanziert. Benutzer, die Adblocker einsetzen, haben eine modifizierte Ansicht der Seite.

Wikia ist nicht verfügbar, wenn du weitere Modifikationen in dem Adblocker-Programm gemacht hast. Wenn du sie entfernst, dann wird die Seite ohne Probleme geladen.


Typus
KomplettPlagiat
Bearbeiter
Hindemith
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 56, Zeilen: 3-21
Quelle: Van der Hulst 2000
Seite(n): 78, 79, Zeilen: 78: 11ff; 79: 1ff
6 Freedom from Arrest (Inviolability)

6.1 The Origin of Freedom from Arrest

Like freedom of speech, freedom from arrest is a concept with deep roots in English history. This type of privilege, which protects members from arrest and assault, was demanded by the House of Commons as early as the fifteenth century. It was generally accepted in civil cases but protection against the monarch was more limited in scope until the political changes of the seventeenth century gave Parliament overriding authority. “Parliament made several attempts to balance the need for its Members to be free to attend to their duties without fear of arrest against the rights of members of the public in civil causes. Parts of two Acts which sought to strike this balance, the Privilege of Parliament Act 1603 and the Parliamentary Privilege Act 1737, are still on the Statute book.”181

While Members of the British Parliament have thus long enjoyed “freedom of speech” that protects them from arrest, this privilege was soon withdrawn in criminal cases.182 The only element which now remains is a duty imposed on the head of the local police force to inform the Lord Chancellor or the Speaker of any arrest that is followed by detention. If a Peer or Member is sentenced to a term of imprisonment, the court similarly informs the Lord Chancellor or the Speaker. A member can even be arrested in the precincts of the House in respect of a criminal [offence.183]


181 M.Crespo Allen, Parliamentary Immunity in the Member States of the European Union and the European Parliament, Brussels: European Parliament, ECPRD, 1999, p.100.

182 Erskine May, 22th ed., p.75.

183 M.Crespo Allen, Parliamentary Immunity in the Member States of the European Union and the European Parliament(Brussels: European Parliament, ECPRD, 1999, p.100, In 1815, the House of Commons Committee on Privileges stated that the arrest of a Member had not violated parliamentary privilege, since he had been convicted of an indictable offence —even though he had been arrested within the Chamber itself.

3. Parliamentary inviolability/immunity

(a) Fear of the Executive

Like freedom of speech, freedom from arrest is a concept with deep roots in English history. This type of "inviolability", which protects members from arrest and assault, was demanded by the House of Commons as early as the fifteenth century. It was generally accepted in civil cases but protection against the monarch was more limited in scope until the political changes of the seventeenth century gave Parliament overriding authority. "Parliament made several attempts to balance the need for its Members to be free to attend to their duties without fear of arrest against the rights of members of the public in civil causes. Parts of two Acts which sought to strike this balance, the Privilege of Parliament Act 1603 and the Parliamentary Privilege Act 1737, are still on the Statute book."102

While Members of the British Parliament have thus long enjoyed "inviolability" that protects them from arrest, this privilege was soon withdrawn in criminal cases.1M[sic] "The only element which now remains is a duty imposed on the head of the local police force to inform the Lord

[Seite 79]

Chancellor or the Speaker of any arrest that is followed by detention. If a Peer or Member is sentenced to a term of imprisonment, the court similarly informs the Lord Chancellor or the Speaker. A member can even be arrested in the precincts of the House in respect of a criminal offence."1114[sic]


102 Parliamentary Immunity in the Member States of the European Community and in the European Parliament, op. cit., p. 100.

Im [sic] Erskine May, op. cit., p. 75.

104 Parliamentary Immunity in the Member States of the European Community and in the European Parliament, op, cit., p. 100. In 1815, the House of Commons Committee on Privileges stated that the arrest of a Member had not violated parliamentary privilege, since he had been convicted of an indictable offence — even though he had been arrested within the Chamber itself.

Anmerkungen

Ein Quellenverweis fehlt.

Sichter
(Hindemith), SleepyHollow02

Auch bei Fandom

Zufälliges Wiki