Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American ConstitutionsYale University Press, 2007 - 307 sider This book is the first to compare the freedoms and protections of members of the United States Congress with those of Britain’s Parliament. Placing legislative privilege in historical context, Josh Chafetz explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses. Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism. This book will inspire in readers a much greater appreciation for the rise and triumph of democracy. |
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Side 116
... Writs of Supersedeas.30 As a result , once the Houses started enforcing their own privileges , rather than relying on royal writ , they would issue their orders to stay proceedings to the plaintiff and his attorneys , rather than to the ...
... Writs of Supersedeas.30 As a result , once the Houses started enforcing their own privileges , rather than relying on royal writ , they would issue their orders to stay proceedings to the plaintiff and his attorneys , rather than to the ...
Side 131
... writ of capias ad satisfaciendum — that is , a writ to imprison a defendant with an outstanding judgment against him until the judgment is satisfied — against a Member of Parliament . 170 The plaintiff was aware that he could not ...
... writ of capias ad satisfaciendum — that is , a writ to imprison a defendant with an outstanding judgment against him until the judgment is satisfied — against a Member of Parliament . 170 The plaintiff was aware that he could not ...
Side 146
... Writ thereupon for a new Election . And to ques- tion this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court . " Here , then , we have what seems to be the first clash between the traditional ...
... Writ thereupon for a new Election . And to ques- tion this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court . " Here , then , we have what seems to be the first clash between the traditional ...
Innhold
Lex Parliamenti vs Lex Terrae | 27 |
Political Questions and Nonjusticiability | 49 |
Free Speech in Parliament | 68 |
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Democracy's Privileged Few: Legislative Privilege and Democratic Norms in ... Joshua A. Chafetz Begrenset visning - 2007 |
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Referanser til denne boken
Conflict of Interest and Public Life: Cross-National Perspectives Christine Trost,Alison L. Gash Ingen forhåndsvisning tilgjengelig - 2008 |