Parliamentary PrivilegeThe publication of Parliamentary Privilege in Australia in 1966 established Enid Campbell as the country's leading scholar in the area. Now Professor Campbell has written a successor which, while drawing on parts of the earlier work, focusses on issues and problems which have arisen in recent years, particularly since the enactment of the Commonwealth Parliamentary Privileges Act 1987. Topics specifically examined in the book include - the scope of the central privilege of freedom of speech and debate in parliament; measures adopted by houses of parliaments to regulate exercise of that freedom; restrictions on the uses which may be made of evidence of what has been said and done in the course of parliamentary proceedings; immunities accorded to MPs in respect of various legal processes, such as ones which require them to appear before a court to give evidence; the powers of houses of parliaments to make inquiries and to delegate investigatory powers to committee of their members; the power of houses of parliaments to impose penalties of a criminal character and to discipline their members. This book, like its predecessor, will be the standard reference on the laws concerning the powers, privileges and immunities of Australian parliaments, their members and committees for the next generation. |
Contents
1 | |
10 | |
30 | |
Regulating Speech and Debate in Parliament | 50 |
Abuse of Parliamentary Privilege and Citizens Right of Reply | 69 |
Use of Evidence of Parliamentary Proceedings | 88 |
Judicial Review of Legislative Processes | 112 |
Waiver of Parliamentary Privilege | 124 |
Parliamentary Inquiries | 152 |
The Internal Affairs of Parliaments | 177 |
The Penal Powers of Parliaments | 189 |
Suspension and Expulsion of Members of Parliament | 208 |
Commonwealth Powers and State Parliamentary Privileges | 222 |
Constitutional and International Legal Issues | 233 |
Index | 245 |
Exemption of Members of Parliament from Legal Processes | 144 |
Common terms and phrases
accorded action adopted allegations Appeal apply Article 9 attend Australian authorised authority Bill of Rights claim Committee of Privileges Commonwealth concerning conduct conferred considered Constitution contempt course criminal decide decision defamation Defamation Act 1996 defence determine documents effect Egan v Willis enacted evidence example executive exercise extended federal Constitution federal parliament functions give given High Court House of Commons houses of parliament Ibid immunity impose inquiry issue Joint Committee judges judicial jurisdiction legislation Legislative Assembly limited matter meaning members of parliament minister offences officers opinion para parlia parliamentary committees Parliamentary Privileges Act parliamentary proceedings penalties person political presented Privileges Act 1987 procedure proceedings in parliament protections provisions published question reason received recommended referred regarded relation relevant reply Report require resolution respect response Royal Commissions rule Senate South Wales statements statute statutory submission suspend United Kingdom witnesses