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Topic: Parliamentary immunity


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In the News (Tue 14 Feb 12)

  
  Immunity (legal) - Wikipedia, the free encyclopedia
Judicial immunity, which finds its origin in sovereign immunity, is the absolute immunity of a judge or magistrate from any kind of civil liability for an act performed in the judge's official capacity, i.e.
Parliamentary immunity is granted to elected government officials during their official acts in parliament, congress or other public deliberative organ of government.
Such immunity is seen to be a means to the free discussion of ideas, when it is abused there may be ways to surmount such immunity, see for example the biography of Jürgen Möllemann.
en.wikipedia.org /wiki/Immunity_(legal)   (410 words)

  
 Parliamentary immunity - Wikipedia, the free encyclopedia
Parliamentary immunity is a system in which members of the parliament are granted partial immunity from prosecution.
Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of Justice, or the parliament itself.
The topic of parliamentarian immunity is somewhat controversial in France, especially in the context of scandals of corruption or graft involving politicians.
en.wikipedia.org /wiki/Parliamentary_immunity   (658 words)

  
 Parliament of Australia: Senate: Publications: Odgers' Guide to Australian Senate Practice - Eleventh Edition - Chapter ...
The immunity of parliamentary proceedings from impeachment and question in the courts is the only immunity of substance possessed by the Houses and their members and committees.
The immunity of parliamentary proceedings from question in the courts is regarded as necessary for the two Houses to carry out their functions without the fear of their proceedings being restricted or regulated by actions in the courts.
Immunity of parliamentary proceedings from scrutiny in the courts was formerly supported by a parliamentary practice of not allowing reference to the records of those proceedings in the courts without the approval of the House concerned.
www.aph.gov.au /senate/pubs/odgers/chap0209.htm   (801 words)

  
 Venice Commission - Commission de Venise
On the one hand, the topic of parliamentary immunity lies in the heart of the debate over the guarantees of parliamentary democracy in Europe given that the independence and satisfactory operation of parliament are essential to the separation of powers.
Parliamentary immunity ensures thus collective protection for parliament as a body, its operation and its acts, as well as individual protection for its constituent members.
The lifting of parliamentary immunity with regard to inviolability is constituted by the chamber's permission to institute criminal proceedings or to keep the member under arrest or in detention.
www.venice.coe.int /docs/1996/CDL-INF(1996)007-e.asp   (4287 words)

  
 Senate Intranet: Briefs - 11
The term 'parliamentary privilege' refers to two significant aspects of the law relating to Parliament: the privileges or immunities of the Houses of the Parliament, and the powers of the Houses to protect the integrity of their processes, particularly the power to punish contempts.
The principal immunity is the freedom of parliamentary debates and proceedings from question and impeachment in the courts, the most significant effect of which is that members of Parliament cannot be sued or prosecuted for anything they say in debate in the Houses.
This immunity is known as the right of freedom of speech in Parliament, because it has the effect of ensuring that members, witnesses and others cannot be sued or prosecuted for anything they say or do in the course of parliamentary proceedings.
www.aph.gov.au /senate/pubs/briefs/brief11.htm   (2048 words)

  
 Immunities of Members of the Parliamentary Assembly
The replies to the questionnaire on parliamentary immunities demonstrate that the national delegations are divided as to the expediency of also extending immunity under Article 15 of the General Agreement to acts with which a member is charged before the term of office in the Parliamentary Assembly commences.
Parliamentary immunity is granted not for the personal benefit of the individual members themselves but in order to safeguard the independence of the Assembly and its members vis-à-vis other authorities.
Before the revision of the system of parliamentary privilege in Belgium in 1997, the press and the public in general were to a certain extent hostile to parliamentary immunity, viewed as a privilege granted to members of parliament.
assembly.coe.int /Documents/WorkingDocs/Doc03/EDOC9718.htm   (13500 words)

  
 Ruling on Parliamentary Immunity   (Site not responding. Last check: 2007-10-22)
In addition to the argument based upon parliamentary privilege, he invokes certain promises made to him prior to testifying to the effect that his testimony would not be used in other proceedings.
The objection to any admission of the PAC transcripts is based on the parliamentary privilege of "free speech" which is part of the Constitution of Canada by virtue of the preamble and s.
In 1689 parliamentarians clearly wished to ensure their immunity from prosecution for what was said in parliamentary debate, but it may be doubted that they were thinking of the testimony of witnesses before parliamentary committees.
www.gomery.ca /en/rulingonparliamentaryimmunity   (1914 words)

  
 Parliamentary immunity -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-22)
Parliamentary immunity is a system in which members of the (A legislative assembly in certain countries (e.g., Great Britain)) parliament are granted partial ((medicine) the condition in which an organism can resist disease) immunity from (The institution and conduct of legal proceedings against a defendant for criminal behavior) prosecution.
Before prosecuting, it is necessary that the immunity be removed, usually by a superior (An assembly (including one or more judges) to conduct judicial business) court of Justice, or the parliament itself.
This, according to the (The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do) jurisprudence, does not include interviews on broadcast radio, nor does it include reports commissioned by the executive branch – since such actions are not specific to the duties of a parliamentarian.
www.absoluteastronomy.com /encyclopedia/p/pa/parliamentary_immunity.htm   (654 words)

  
 Immunities of Members of the Parliamentary Assembly
Concerning parliamentary inviolability, guaranteed by Article 15 of the general agreement, the Assembly emphasises that the procedure for waiving parliamentary immunity at the Parliamentary Assembly is separate from that of national parliaments.
The Assembly further considers that the general principles of European parliamentary immunity, which were developed after the adoption of the General Agreement, should be taken into account for the purpose of defining the scope of its Article 15, in so far as they are compatible with the nature of the Assembly and its practice.
These immunities are granted in order to preserve the integrity of the Assembly and to safeguard the independence of its members in exercising their European office.
assembly.coe.int /Documents/AdoptedText/TA03/ERES1325.htm   (1149 words)

  
 Al-Ahram Weekly | The 1995 parliamentary elections | Coverage | Parliament votes for immunity   (Site not responding. Last check: 2007-10-22)
But on 17 December, the minister of justice, acting on a request by the prosecutor general, sent a report to the new Assembly requesting that the four deputies be stripped of their immunity.
The committee also turned down the justice minister's request to strip him of his parliamentary immunity on the grounds that the request was not backed by documents on the case filed against Abaza, as required by the Assembly's regulations.
He said that the constitution intended parliamentary immunity as a protection for MPs in the discharge of their parliamentary duties.
weekly.ahram.org.eg /archives/1995elec/254.htm   (941 words)

  
 HOW PARLIAMENT OF ROMANIA WORKS
Deputies and Senators benefit by parliamentary immunity, the purpose of which is to ensure their protection against abusive judicial prosecution, and the guarantee of their freedom of thought and action.
By reason of parliamentary immunity, no Senator or Deputy may be detained, arrested, searched or indicated for criminal or contraventional offences without the preliminary assent of the Chamber to which he belongs, after his or her hearing.
Parliamentary immunity is a legal guarantee for the unhindered exercises by Deputies and Senators of their activity.
www.cdep.ro /pls/dic/site.page?id=120   (422 words)

  
 Adalah: Legal Advocacy
The lifting of MK Bishara’s immunity is the first time since 1948 that an MK has been stripped of his immunity for voicing political dissent in the course of performing his duties as an elected, public representative.
Adalah argued that the lifting of MK Bishara’s immunity by the Knesset was illegal in the first instance, as was his subsequent indictment by the Attorney General.
Immunity means that an MK is exempt from any legal action based on political expressions made in the course of carrying out his/her work, making the restriction on MK Makhoul's right to speak in the Knesset illegal under Israeli law.
www.adalah.org /eng/legaladvocacypolitical.php   (8436 words)

  
 Middle East Report Online: The Case of Azmi Bishara, Political Immunity and Freedom in Israel, by Gad Barzilai
In a democracy, parliamentary immunity, and other types of political immunity granted to elected representatives, are crucial for protecting a plurality of attitudes and practices.
The representatives of the minority relish immunity as a source of political empowerment in their possibly unrewarding struggles against the majority, especially under conditions in which the minority conceives itself as being systematically discriminated against by the state and its ruling elite.
Stripping Bishara of his immunity was an act of censorship against a radical viewpoint, but not a prevention of a tangible peril to the state's existence or security.
www.merip.org /mero/mero010902.html   (1440 words)

  
 Rasa Bartkute, The Imprisonment and Impeachment of Members of Parliament: the Case of Lithuania.   (Site not responding. Last check: 2007-10-22)
Parliamentary immunity is a set of legal rules and conventions designed to protect a member for the purpose of performing the parliamentary duties without a fear of prosecution on behalf of the private parties or other branches of government.
[52] The immunity of MPs, on the other hand, is qualified and a Member may be prosecuted pursuant to the authorisation by the Parliament, therefore the model of conduct simulating a criminal act with respect to MPs does not interfere with the concept of parliamentary immunity and does not contradict the Constitution.
The immunity is not designed to shield an MP against the general operation of law, therefore in certain instances the immunity may be lifted.
venus.ci.uw.edu.pl /~rubikon/forum/rasaleg.htm   (4975 words)

  
 Kyrgyzstan - Wikipedia, the free encyclopedia
Two rounds of parliamentary elections were held on February 20, 2000 and March 12, 2000.
The most recent elections were parliamentary, held February 27 and March 13, 2005.
The OSCE found that while the elections failed to comply with commitments to free and fair elections, there were improvements over the 2000 elections, notably the use of indelible ink, transparent ballot boxes, and generally good access by election observers.
en.wikipedia.org /wiki/Kyrgyzstan   (3040 words)

  
 "Criminalizing Parliamentary Speech in Turkey"
Mezarci, the parliament lifted him immunity because of charges involving provisions of the Turkish criminal code prohibiting "insult to Ataturk" The charges involve a statement that he says was deliberately distorted by the Turkish media to the effect that Ataturk was the son of a prostitute.
The lifting of parliamentary immunity of the seven deputies, the imminent trials of six for the capital offense of encouraging separatism, and the impending proceedings to dissolve the Democracy Party (DEP), are all clear violations of obligations binding on Turkey in both conventional and customary international law.
The lifting of parliamentary immunity of the seven deputies, the imminent trials of six for the capital offense of encouraging separatism, and the impending proceedings to dissolve the Democracy Party (DEP), are all violations of obligations binding on Turkey in both conventional and customary international law.
www.kurdistan.org /Leyla/crimetospeak.html   (5425 words)

  
 Kyiv Post. Common sense says get rid of parliamentary immunity   (Site not responding. Last check: 2007-10-22)
Some argue immunity is necessary, as it lets lawmakers take bold stands without being pressured by law-enforcement agencies and the powerful people who control them.
Immunity has been a blessing for crooked independence-era businessmen whose only interest in joining the Rada is to protect themselves from the law.
Getting rid of parliamentary immunity won’t be easy, since it’s written into the Constitution and would require a super majority to overturn.
www.kyivpost.com /opinion/oped/22372/print   (743 words)

  
 Turkish Parliament flooded with 'immunity files'   (Site not responding. Last check: 2007-10-22)
With 13 files sent to support the lifting of his immunity from prosecution, Yilmaz has the distinction of having 13, the most number of files relating to his case, now in the parliament speaker's office.
The "immunity files" which were sent by the Prime Ministry to the office of the parliament speaker are waiting to be debated in the joint Constitutional and Justice Commission.
The files, some of which the former RP-led government had been holding on to while waiting for a constitutional amendment regarding parliamentary immunity, are expected to be debated on by the Parliament.
users.westnet.gr /~cgian/immunity.htm   (460 words)

  
 Parliamentary Privilege
Parliamentary privilege in relation to Australian parliaments derives from the Westminster parliamentary tradition.
Another more minor immunity is based in the concept of the separation of powers between the executive, the legislature and the judiciary.
Both verbal and documentary evidence are covered by the parliamentary immunity from action in defamation.
www.parliament.tas.gov.au /tpl/InfoSheets/Parl_Priv.htm   (693 words)

  
 Al-Ahram Weekly | Home News | 'Secret' fury in the House   (Site not responding. Last check: 2007-10-22)
The two MPs who were stripped of their parliamentary immunity are Omar Abu Steit, an NDP representative for the Upper Egyptian governorate of Sohag, and Mohamed Sadek Okasha, an NDP member for the Giza governorate.
At the beginning of the meeting, Moussa announced that parliamentary reporters would be barred from covering committee meetings devoted to dropping the immunity of deputies.
He said the decision was taken at the request of many deputies who complained that press coverage of committee debates on the involvement of some deputies in corruption tarnished the image of all deputies.
weekly.ahram.org.eg /1999/442/eg3.htm   (901 words)

  
 Al-Ahram Weekly | Home News | Redefining parliamentary immunity
In more specific terms, Sorour proposed that the assembly's bureau, including the speaker, his two deputies and chairmen of parliamentary committees, be solely entrusted with deciding on the requests submitted for the removal of the immunity of MPs.
Two weeks ago, a request was submitted for the removal of Okasha's immunity so that he could be investigated for issuing a bad cheque to the value of LE1 million.
Mohamed Moussa, chairman of the Legislative Committee, told Al-Ahram Weekly that he was strongly in favour of removing Okasha's immunity because the committee's members were not qualified to verify the documents presented by Okasha.
weekly.ahram.org.eg /1999/441/eg2.htm   (987 words)

  
 CAMBODIA: The silencing of the Cambodian parliamentary opposition
The move is an attempt by Cambodia's ruling parties to silence the parliamentary opposition in the country and to even possibly eliminate them entirely from the political scene.
Such a move is an attempt by Cambodia's ruling parties to silence the parliamentary opposition in the country and to even possibly eliminate them entirely from the political scene.
In light of this, I write to you now to request that parliamentary immunity be restored to the three opposition party members.
www.ahrchk.net /ua/mainfile.php/2005/951   (1346 words)

  
 Encyclopedia: Kyrgyzstan
The term authoritarian is used to describe an organization or a state which enforces strong and sometimes oppressive measures against the population, generally without attempts at gaining the consent of the population.
The Tulip Revolution refers to the overthrow of President Askar Akayev and his government in the Central Asian republic of Kyrgyzstan after the parliamentary elections of February 27 and of March 13, 2005.
The 2005 Kyrgyz parliamentary elections were held in February and March 2005.
www.nationmaster.com /encyclopedia/Kyrgyzstan   (9146 words)

  
 Zelezny case highlights imperfections in parliamentary immunity law - 29-01-2003 - Radio Prague
Czech senators deprived their colleague, Vladimir Zelezny, of parliamentary immunity last Thursday, making it possible for the police to investigate him on fraud charges.
To a certain extent immunity is a privilege that places members of parliament in a special situation compared to other citizens.
This immunity is for life, though it does not apply to any offences committed after their mandate expires.
www.radio.cz /en/article/36969   (764 words)

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