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

Online ISBN:
9780300134896
Print ISBN:
9780300113259
Publisher:
Yale University Press
Book

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

Published:
28 February 2007
Online ISBN:
9780300134896
Print ISBN:
9780300113259
Publisher:
Yale University Press

Abstract

This book compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. Placing legislative privilege in historical context, the book 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, the book illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism.

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