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

Josh Chafetz

Print publication date: 2007

Print ISBN-13: 9780300113259

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300113259.001.0001

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Breach of Privilege and Contempt of Parliament

Breach of Privilege and Contempt of Parliament

Chapter:
(p.193) 9 Breach of Privilege and Contempt of Parliament
Source:
Democracy's Privileged Few
Author(s):

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0010

This chapter discusses contempt of Parliament and breach of privilege. The Blackstonian view supports a wider scope for breach and contempt than the Millian view—decisions justified under the Millian view will generally also be justified under the Blackstonian view, but not necessarily vice versa. For the Blackstonian view, it is appropriate to use breach and contempt proceedings to forestall anything that might damage the House's power or prestige. Under the Millian view, however, certain kinds of challenges are acceptable.

Keywords:   parliamentary privilege, Blackstonian view, Millian view

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