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Parliamentary Procedure

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Purpose: Legislators can perform function without interference from courts and ... of law means government can abrogate rights only where clear language, cannot ... – PowerPoint PPT presentation

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Title: Parliamentary Procedure


1
Parliamentary Procedure
  • September 20, 2007

2
Parliamentary Privilege/Immunity
  • Purpose Legislators can perform function without
    interference from courts and Crown (reinforce
    separation of functions/powers?)
  • Often means legal exemption from duty, burden to
    which others are subject (rule of law?)
  • Based in necessity, evaluated historically
    applies differently to different categories (Vaid
    )

3
Some results of Legislative autonomy
  • Bacon
  • Arbitrary law-making protected by the ballot box
    (Distinguish from Roncarelli ?)
  • Turner
  • Allegation that Parliament misled into enacting
    law is not justiciable, law valid, though tainted
    process
  • Wells
  • Rule of law means government can abrogate rights
    only where clear language, cannot rely on
    separation of powers as justification.
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