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parliamentary privilege : ウィキペディア英語版
parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. A similar mechanism is known as parliamentary immunity.
In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act.〔http://www.parliament.uk/commons/lib/research/briefings/snpc-04905.pdf〕〔http://www.scottish.parliament.uk/business/businessBulletin/bb-99/bb-06-08an.htm〕 It also means that members of Parliament cannot be arrested on civil matters for statements made or acts undertaken as an MP within the grounds of the Palace of Westminster, on the condition that such statements or acts occur as part of a ''proceeding in Parliament''—for example, as a question to the Prime Minister in the House of Commons. This allows Members to raise questions or debate issues which could slander an individual, interfere with an ongoing court case or threaten to reveal state secrets, such as in the Zircon affair or several cases involving the Labour MP Tam Dalyell.
There is no immunity from arrest on criminal grounds, nor does the civil privilege entirely extend to the devolved administrations in Scotland or Wales. A consequence of the privilege of free speech is that legislators in Westminster systems are forbidden by conventions of their House from uttering certain words, or implying that another member is lying.〔(【引用サイトリンク】title=How Parliament works )〕 (See unparliamentary language.)
The rights and privileges of members are overseen by the powerful Committee on Standards and Privileges. If a member of the House is in breach of the rules then he/she can be suspended or even expelled from the House. Such past breaches have included giving false evidence before a committee of the House and the taking of bribes by members.
Similar rights apply in other Westminster system countries such as Canada and Australia. In the United States, the Speech or Debate Clause in Article One of the United States Constitution provides for a similar privilege, and many state constitutions provide similar clauses for their state legislatures.
Parliamentary privilege is controversial because of its potential for abuse; a member can use privilege to make damaging allegations that would ordinarily be discouraged by defamation laws, without first determining whether those allegations have a strong foundation. A member could, even more seriously, undermine national security and/or the safety of an ongoing military or covert operation or undermine relations with a foreign state by releasing sensitive military or diplomatic information.
==UK House of Commons==
(詳細はSpeaker at the beginning of each new Parliament. The privileges are only codified in ''Erskine May's Parliamentary Practice'' and the House itself is the only judge of its own privileges. Most of those specifically claimed are practically obsolete, but others remain very real:
# Freedom of speech; (members speaking in the House are not liable for defamation)
# Freedom from arrest in civil matters (practically obsolete);〔
# Access of the Commons to the Crown (via the Speaker); and
# That ''the most favourable construction should be placed upon the deliberations of the Commons.''
Privileges not specifically mentioned:
# Right of the House to regulate its own composition; (although election petitions are now determined by the ordinary Courts)
# Right of the House to regulate its own internal proceedings, both as to matters and procedures;
# Right to punish members and "strangers" for breach of privilege and contempt;
# Right of freedom from interference (although members are no longer immune from all civil actions)

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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