Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions
This book is the first to compare the freedoms and protections of members of the United States Congress with those of Britain’s Parliament. Placing legislative privilege in historical context, Josh Chafetz 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, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism. This book will inspire in readers a much greater appreciation for the rise and triumph of democracy.
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Lex Parliamenti vs Lex Terrae
Political Questions and Nonjusticiability
Free Speech in Parliament
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action Akhil Reed Amar allowed Amendment American argued Articles of Confederation Blackstone Blackstonian view breach of privilege British Constitution chapter Chief Justice civil arrest claimed committee congressional contempt of Parliament criminal Debate Clause decision declared democracy democratic disputes election electoral expel expulsion Farrand's Records federal floor functions Hatsell held House of Commons House of Lords House of Representatives House's Houses of Congress impeachment imprisoned interpretation issue Journals judges judicial jurisdiction King King's legislative legislature lex parliamenti lex terrae liberty Madison matter Members of Congress Members of Parliament ment Millian paradigm Millian view Parlia Parliamentary Privilege Philadelphia Convention political popular sovereignty proceedings protect punish qualifications question refused resolution returned role rules seat Senate Sergeant servants Speech or Debate Stockdale suit supra note t]he tion U.S. Const United vote voters Wilkes William Blackstone Wittke writ