სამართალი და მსოფლიო (Sep 2023)

EVOLUTION OF PARLIAMENTARY IMMUNITY AND PRIVILEGES

  • Anand Singh Prakash

DOI
https://doi.org/10.36475/9.3.5
Journal volume & issue
Vol. 9, no. 3
pp. 52 – 62

Abstract

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The evolution of parliamentary immunity and privilege is a fascinating subject that reflects the development and transformation of democratic governance. This article provides an overview of the historical progression and key aspects of parliamentary immunity and privilege, highlighting their significance in protecting legislative independence and fostering democratic debate. Parliamentary immunity gives a legal protection to the members of parliament from being held accountable or prosecuted for their speeches or actions in the course of their parliamentary duties. The idea of “parliamentary privilege” is another one that embraces the notion of “popular sovereignty,” emphasising that lawmakers are the representatives of the will of the people. In many democracies, the scope of immunity has been refined to prevent abuse and maintain public trust. Additionally, courts have played a crucial role in interpreting and defining the limits of parliamentary privilege, striking a balance between the need for robust debate and accountability.

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