Parliamentary Privilege
By: Enid Campbell
About This Book
The publication of Parliamentary Privilege in Australia in 1966 established Enid Campbell as the country's leading scholar in the area. Now Professor Campbell has written a successor which, while drawing on parts of the earlier work, focusses on issues and problems which have arisen in recent years, particularly since the enactment of the Commonwealth Parliamentary Privileges Act 1987. Topics specifically examined in the book include - the scope of the central privilege of freedom of speech and debate in parliament; measures adopted by houses of parliaments to regulate exercise of that freedom; restrictions on the uses which may be made of evidence of what has been said and done in the course of parliamentary proceedings; immunities accorded to MPs in respect of various legal processes, such as ones which require them to appear before a court to give evidence; the powers of houses of parliaments to make inquiries and to delegate investigatory powers to committee of their members; the power of houses of parliaments to impose penalties of a criminal character and to discipline their members. This book, like its predecessor, will be the standard reference on the laws concerning the powers, privileges and immunities of Australian parliaments, their members and committees for the next generation.
AI Overview
"Parliamentary Privilege" by Enid Campbell is a seminal work that provides a comprehensive analysis of the powers, privileges, and immunities of Australian Parliaments. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
- Purpose of Parliamentary Privilege: The book emphasizes that the special rights, powers, and immunities of parliamentary privilege serve one essential purpose: to enable the Houses of Parliament (and their members) to carry out their functions effectively.
- Historical Context: The book draws on historical developments, including the enactment of the Parliamentary Privileges Act 1987, which is extensively discussed.
- Scope of Privilege: It covers various aspects of parliamentary privilege, including its scope and application in different contexts, such as judicial review of administrative action.
Plot Summary
The book is structured to provide a thorough understanding of parliamentary privilege in Australia. It is divided into several sections that delve into the intricacies of this complex legal concept. Here is a brief summary of its structure:
- Introduction: Professor Campbell introduces the concept of parliamentary privilege and its significance in Australian law.
- Historical Background: The book provides a historical context, including the evolution of parliamentary privilege over time.
- Key Legislation: It discusses key legislative enactments, such as the Parliamentary Privileges Act 1987, which has significantly impacted the understanding and application of parliamentary privilege.
- Judicial Review: The book addresses the relationship between parliamentary privilege and judicial review, highlighting how these concepts interact in administrative law.
Critical Reception
The book has received positive reviews for its comprehensive and insightful analysis of parliamentary privilege in Australia. Here are some key points from the critical reception:
- Book Review by Stephen Argument: The book is described as a new work that draws on Professor Campbell's recent articles, addressing various vexing issues related to parliamentary privilege. It is noted that the book provides a clear understanding of the purpose of parliamentary privilege, which helps to dissipate much of the apparent mystery surrounding it.
- Standard Reference: The book is recognized as a standard reference on the laws concerning the powers, privileges, and immunities of Australian Parliaments. It is considered an essential resource for understanding this complex legal concept.
- Comprehensive Analysis: The book is praised for its wide scope, covering various aspects of personal freedom, including police powers, which adds to its value as a comprehensive reference.
In summary, "Parliamentary Privilege" by Enid Campbell is a definitive work that provides a detailed and insightful analysis of the powers, privileges, and immunities of Australian Parliaments. Its critical reception highlights its importance as a standard reference in the field of Australian administrative law.