Lex Parliamenti vs. Lex Terrae
Lex Parliamenti vs. Lex Terrae
This chapter deals with conflict between lex parliamenti (the law of parliament) and lex terrae (the law of the land). The Blackstonian conception of privilege necessitates giving lex parliamenti primacy over lex terrae in cases of conflict (which includes denying to the ordinary courts the power to rule on questions of lex parliamenti) in order to prevent other powerful political actors from manipulating the House of Commons. The Millian conception of privilege focuses increasingly on allowing judges to check potentially reckless or self-dealing actions by a House of Parliament, furthering the democratic parts of the Constitution.
Keywords: law of parliament, law of the land, ordinary courts, privilege, legislative privilege, judges, House of Commons
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