Can a House of Parliament imprison you?
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- Опубліковано 11 вер 2024
- During a recent parliamentary committee hearing in Australia, the CEO of a supermarket chain was threatened with being found in contempt for refusing to answer a question, and warned that the penalty could be imprisonment or a fine. This video addresses the constitutional basis for a House of Parliament being able to imprison or fine a person who it finds guilty of contempt. It addresses how this is an exception to the doctrine of the separation of powers, what the source of this power is, and how it has been exercised. The 10th edition of Erskine May even makes a cameo appearance.
The imprisonment of Fitzpatrick and Browne in 1955 for contempt of Parliament is discussed, as are the subsequent changes to the law made by the Parliamentary Privileges Act 1987, which clarified the scope of contempt, specified maximum penalties and expanded the scope for judicial review.
For those interested in how the Canadian House of Commons 'admonished' a businessman for similar conduct, see: / 1780682673905606799 . It was the first time a private citizen had been ordered to appear before the bar of the House in Canada since 1913. These occasions are rare.
Between the categories of parliaments which have the powers of Westminster and the NSW Parliament's inherently necessary powers, we have the ACT Legislative Assembly, which has been granted the same powers as the Commonwealth Parliament under the Self-Government Act, but with a specific carve out for the imposition of fines or sentences of imprisonment, which doesn't seem to leave the Assembly with much it can do directly in the event it finds someone guilty of contempt apart from admonishment (though presumably we could create regular criminal offences enforced by the courts if we needed it?).
Lots of talk in recent years about various "territory rights" issues, but I can't believe no-one's campaigning on this specific form of federal oppression. We should have the right to make territorial parliamentary proceedings far more fun and exciting by occasionally locking people up! What could possibly go wrong?
The Victorian Parliament apparently has its very own dungeons.
But do they have a dragon?
thank you for the video! i thought it was very interesting as i hadn't realised the imprisonment would be in parliament house itself! although the situation of it shouldn't be funny, the thought of the police having to take them to dinner at the pub every night was very amusing
Glad you enjoyed it.
thanks for info
Would like to hear your thoughts regarding if two people can be elected for one MP slot in the federal parliament. Because two teal candidates in the seat of Higgins plan to nominate as a "work sharing" MP, taking up one slot on the ballot paper. I assume it is unconstitutional but they said their research allows it lol
Yes, I was just thinking of doing one on that. Thanks for prompting me.
Excellent video. Thanks.
You're welcome.
my first reaction was "i haven't done anything! "but in all seriousness great video!
seems like its designed so its too much trouble to use unless its really warranted.
In the US there's a twist to this question in that due to our system we have impeachment .so if your a member of the executive branch congress can try you (the chief justice presides however)and in Latin American countries which follow our system presidents have been arrested by congress after impeachment.(never been tried here)
off topic but have you been following the Tonga consitutional crisis ?seems like right up your alley.
Thanks. Yes, I'm interested in the Tonga crisis, but am wary of expressing views unless confident I have all the information, which I don't at the moment. Maybe I'll write something on it when the dust has settled.
@@constitutionalclarion1901 .honestly it seems strangely personal of a crisis to me. the recent news that the lord pivy is suing the foreign minister and the fact it just...happened hints at some interesting behind the scene drama
Oh so relevant. I was smiling through all of this. Thank you so much.