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Democracy's Privileged FewLegislative Privilege and Democratic Norms in the British and American Constitutions$
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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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Lex Parliamenti vs. Lex Terrae

Lex Parliamenti vs. Lex Terrae

Chapter:
(p.27) 1 Lex Parliamenti vs. Lex Terrae
Source:
Democracy's Privileged Few
Author(s):

Josh Chafetz

Publisher:
Yale University Press
DOI:10.12987/yale/9780300113259.003.0002

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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