A companion to analysis by Korner T.W.

By Korner T.W.

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Maintaining the independence of the House, in this case, required granting privilege even to the Member’s goods, thus removing power over the liberty and property of MPs from the royally controlled courts. A triumph of lex terrae over lex parliamenti in this case would have meant the triumph of the monarchical element of the Constitution over the democratic one. HABEAS CORPUS CASES As many of the cases of conflict between lex parliamenti and lex terrae involve imprisonments for contempt or breach of privilege (to be discussed in detail in chapter 9), the ability of the common-law courts to free those imprisoned by the House has always been contentious.

Maintaining the independence of the House, in this case, required granting privilege even to the Member’s goods, thus removing power over the liberty and property of MPs from the royally controlled courts. A triumph of lex terrae over lex parliamenti in this case would have meant the triumph of the monarchical element of the Constitution over the democratic one. HABEAS CORPUS CASES As many of the cases of conflict between lex parliamenti and lex terrae involve imprisonments for contempt or breach of privilege (to be discussed in detail in chapter 9), the ability of the common-law courts to free those imprisoned by the House has always been contentious.

The second chapter pair looks at the privilege of freedom of speech. Chapter 3 examines the parliamentary privilege of free speech and debate, and it compares the liberty enjoyed by MPs to that enjoyed by ordinary citizens and the press. Chapter 4 considers the same issues for Members of Congress. Chapters 5 and 6 consider the freedom from civil arrest historically guaranteed to Mem- Introduction 25 bers of Parliament and Congress. The fourth chapter pair takes up the issue of disputed elections.

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