Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions
Josh Chafetz
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 i ... More
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.
Keywords:
constitutionalism,
legislative privilege,
jurisdictional conflicts,
legislative houses,
freedom of speech,
contested elections,
civil arrest,
parliamentary government,
separation of powers,
representation
Bibliographic Information
Print publication date: 2007 |
Print ISBN-13: 9780300113259 |
Published to Yale Scholarship Online: October 2013 |
DOI:10.12987/yale/9780300113259.001.0001 |