Europe -- Politics and government; Political science
*133. Nature and Extent of Privileges.*--On the basis in part of custom
and in part of statute there exists a body of definitely established
privileges, some of which appertain to the Commons as a chamber, some
similarly to the Lords, and some to the individual members of both
houses. The privileges which at the opening of a parliament the
newly-elected Speaker requests and, as a matter of course, obtains for
the chamber over which he presides include principally those of
freedom from arrest, freedom of speech, access to the sovereign, and a
"favorable construction" upon the proceedings of the House. Freedom
from arrest is enjoyed by members during a session and a period of
forty days before and after it, but it does not protect a member (p. 127)
from the consequences of any indictable offense nor, in civil actions,
from any process save arrest. Freedom of speech, finally guaranteed
effectually in the Bill of Rights, means simply that a member may not
be held to account by legal process outside Parliament for anything he
may have said in the course of the debates or proceedings of the
chamber to which he belongs. The right of access to the sovereign
belongs to the Commons collectively through the Speaker, but to the
Lords individually. With the growth of parliamentary government both
it and the privilege of "favorable construction" have ceased to
possess practical importance. Another privilege which survives is that
of exemption from jury duty, though no longer of refusing to attend
court in the capacity of a witness. Each house enjoys the
privilege--for all practical purposes now the right--of regulating its
own proceedings, of committing persons for contempt, and of deciding
contested elections. The last-mentioned function the House of Commons,
however, has delegated to the courts. A privilege jealously retained
by the Lords is that of trial in all cases of treason or felony by the
upper chamber itself, under the presidency of a Lord High Steward
appointed by the crown. The Lords are exempt from arrest in civil
causes, not merely during and immediately preceding and succeeding
sessions, but at all times, and they enjoy all the rights, privileges,
and distinctions which, through law or custom, have become inherent in
their several dignities.
Public-domain text, read in full here on John Shaqi.
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