Democracy’s Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Description

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. Contents Acknowledgments Introduction 1 Lex Parliamenti vs. Lex Terrae 2 Political Questions and Nonjusticiability 3 Free Speech in Parliament68 4 Free Speech in Congress 5 Freedom from Civil Arrest and Legal Process for Members of Parliament 6 Freedom from Civil Arrest for Members of Congress 7 Disputed Parliamentary Elections 8 Disputed Congressional Elections 9 Breach of Privilege and Contempt of Parliament 10 Punishment by Congress Conclusion Notes Index