Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

by Josh Chafetz, Joshua A. Chafetz
     
 

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

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Overview

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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Product Details

ISBN-13:
9780300113259
Publisher:
Yale University Press
Publication date:
02/28/2007
Edition description:
New Edition
Pages:
320
Product dimensions:
6.13(w) x 9.25(h) x 0.98(d)

Table of Contents


Acknowledgments     ix
Introduction     1
Lex Parliamenti vs. Lex Terrae     27
Political Questions and Nonjusticiability     49
Free Speech in Parliament     68
Free Speech in Congress     87
Freedom from Civil Arrest and Legal Process for Members of Parliament     111
Freedom from Civil Arrest for Members of Congress     134
Disputed Parliamentary Elections     144
Disputed Congressional Elections     162
Breach of Privilege and Contempt of Parliament     193
Punishment by Congress     207
Conclusion     236
Notes     241
Index     295

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