We reject the approach of criminalising specific contempts. It would entail a radical shift of power between Parliament and the courts. It would introduce delay. It would increase uncertainty about how contempts which were not covered by criminal statute...
Parliamentary Previllege
In summary, if Parliament feels that the limits of its exclusive cognisance have been eroded to the extent that it can no longer effectively perform its core work, it can change the law. But this is a last resort,...
The precise rights and immunities a parliament will have depend on the wider constitutional context, and different countries protect parliaments in different ways. But whatever the jurisdiction, it is normal for a democratic state to protect parliamentary independence. Indeed,...
The dividing line between privileged and non‑privileged activities of each House is not easy to define. Perhaps the nearest approach to a definition is that the areas in which the courts ought not to intervene extend beyond proceedings...
The term “privilege”, in relation to parliamentary privilege, refers to an immunity from the ordinary law which is recognised by the law as a right of the Houses and their members. Privilege in this restricted and special sense is...
In interpreting these privileges, therefore, attention must be given to the general principle that the privileges of Parliament are granted to members in order that “they may be able to perform their duties in Parliament without let or hindrance
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, defined, shall be those of the House...