Parliamentary Procedure September 20, 2007. Parliamentary Privilege/Immunity  Purpose: Legislators can perform function without interference from courts.

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Presentation transcript:

Parliamentary Procedure September 20, 2007

Parliamentary Privilege/Immunity  Purpose: Legislators can perform function without interference from courts and Crown (reinforce separation of functions/powers?)  Often means legal exemption from duty, burden to which others are subject (rule of law?)  Based in necessity, evaluated historically applies differently to different categories (Vaid )

Some results of Legislative autonomy  Bacon Arbitrary law-making protected by the ballot box (Distinguish from Roncarelli ?)  Turner Allegation that Parliament misled into enacting law is not justiciable, law valid, though tainted process  Wells Rule of law means government can abrogate rights only where clear language, cannot rely on separation of powers as justification.