Fandom

VroniPlag Wiki

Wy/Fragment 112 01

< Wy

31.340Seiten in
diesem Wiki
Seite hinzufügen
Diskussion0 Share

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
BauernOpfer
Bearbeiter
Graf Isolan
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 112, Zeilen: 1-22
Quelle: Griffith 2007
Seite(n): 66-67, Zeilen: 66:16ff - 67:1-7
[In May 2005 the Privileges Committee of the New Zealand House of Representatives published its report on the case in which it recommended that the Legislature Act 1908 is amended to provide that no person may incur criminal or civil liability for making any statement that affirms, adopts or endorses words written or spoken in] proceedings in Parliament where the statement would not, but for the proceedings in Parliament, give rise to criminal or civil liability.337

The Privileges Committee expressed four main concerns. The first concerned the principle of non-intervention between the courts and Parliament in cases of “effective repetition”. This was not an issue where a Member directly repeated a statement outside Parliament. When a statement was only affirmed or “effectively repeated”, however, this involves the parliamentary statement being put directly to the court as it is the main evidence for the proceedings. Secondly, the Committee considered the potential effects on free speech, in circumstances where a minimal response to a question posed by the media could result in civil liability. Thirdly, this may have a ‘chilling’ effect on public debate, whereby Members and committee witnesses are reluctant to submit themselves to subsequent interview for fear of losing their parliamentary immunity. Fourthly, the Privilege Committee was concerned that the Buchanan v Jennings doctrine would have an effect beyond defamation in a parliamentary context. Could it apply, for example, to a breach of statutory incitement laws in a parliamentary context? Might the doctrine also be applied to court proceedings, in which context absolute privilege also applies?338

In April 2006 these concerns were endorsed by the Procedure and Privileges Committee of the Western Australian Legislative Assembly. It recommended: (a) that the Parliamentary Privilege Act 1891 be amended to include a provision which ensures that parliamentary proceedings cannot be used to establish what [was ‘effectively’ but not actually said outside Parliament; and (b) that a uniform national approach be adopted through the auspices of the Standing Committee of Attorneys General.339]



337 Privileges Committee, Final Report on the question of privilege referred 21 July 1998 concerning Buchanan v Jennings, 1.17G, May 2005, p.9; For a commentary see – A Geddis, Parliamentary privilege: quis custodiet ipsos custodes? Public Law,Winter, 2005.

338 Gareth Griffith, Parliamentary Privilege: Major Developments and Current Issues, http://www.parliament.nsw.gov.au/ prod/parlment/publications.nsf/ 0/18DBE18C7D65CDF0CA 2572D100091751/$File/ ParliamentaryPrivelige07.pdf.

[339 Western Australia, Legislative Assembly, Procedure and Privileges Committee, Effective Repetition: Decision in Buchanan v Jennings, Report No 3, 2006.]

[Seite 66]

In May 2005 the Privileges Committee of the New Zealand House of Representatives published its report on the case in which it recommended that the Legislature Act 1908 be amended to provide that no person may incur criminal or civil liability for making any statement that affirms, adopts or endorses words written or spoken in proceedings in Parliament where the statement would not, but for the proceedings in Parliament, give rise to criminal or civil liability.243

The Privileges Committee expressed four main concerns. The first concerned the principle of non-intervention between the courts and Parliament in cases of ‘effective repetition’. This was not an issue where a Member directly repeated a statement outside Parliament. Where a statement was only affirmed or ‘effectively repeated’ however, this involves the parliamentary statement being put directly to the court as it is the main evidence for the proceedings. Secondly, the Committee considered the potential effects on free speech, in circumstances where a minimal response to a question posed by the media could result in civil liability. Thirdly, this may have a ‘chilling’ effect on public debate, whereby Members and committee witnesses are reluctant to submit themselves to subsequent interview for fear of losing their parliamentary immunity. Fourthly, the Privilege Committee was concerned that the Buchanan v Jennings doctrine would have an effect beyond defamation in a parliamentary context. Could it apply, for example, to a breach of statutory incitement laws in a parliamentary context? Might the doctrine also be applied to court proceedings, in

[Seite 67]

which context absolute privilege also applies?

In April 2006 these concerns were endorsed by the Procedure and Privileges Committee of the Western Australian Legislative Assembly.244 It recommended: (a) that the Parliamentary Privilege Act 1891 be amended to include a provision which ensures that parliamentary proceedings cannot be used to establish what was ‘effectively’ but not actually said outside Parliament; and (b) that the a uniform national approach be adopted through the auspices of the Standing Committee of Attorneys General.


243 Privileges Committee, Final Report on the question of privilege referred 21 July 1998 concerning Buchanan v Jennings, 1.17G, May 2005, p 9. For a commentary see – A Geddis, ‘Parliamentary privilege: quis custodiet ipsos custodes? [Winter 2005] Public Law 696.

244 Western Australia, Legislative Assembly, Procedure and Privileges Committee, Effective Repetition: Decision in Buchanan v Jennings, Report No 3, 2006.

Anmerkungen

Art und Umfang der Übernahme bleiben ungekennzeichnet.

Sichter
(Graf Isolan), Hindemith

Auch bei Fandom

Zufälliges Wiki