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Archive of posts filed under the Foreign Parliamentary Procedure category.

An Update on Parliament’s Contempt Power

So at virtually the same time I told you that Parliament’s contempt power was in a state of desuetude, this happened. The House of Commons held the British government in contempt for its failure to publish the Attorney General’s legal advice regarding Brexit as the House had previously demanded. To be sure, my prior post related to the [...]

Facebook’s Encounter with Parliament’s Inherent Powers

A parliamentary committee has seized a trove of internal Facebook documents relating to the company’s data and privacy policies and practices. The documents were obtained via a U.S. businessman, Ted Kramer, who had sued Facebook in state court in California. Kramer had access to the documents because his company had obtained them through discovery in the litigation, [...]

Me Too’s Privileged Few

If you are interested in the law and custom of Parliament (lex et consuetude parliamenti), you should follow Jack Simson Caird on twitter (@jasimsoncaird). Had you done so, you too would have learned of a recent controversy involving parliamentary privilege and legislative self-discipline that caught my attention. The story begins on October 24, 2018, when [...]

Legislative Discontinuity: An Introduction

Last month I had the pleasure of participating in the International Conference on Legislation and Law Reform, which was held at AU’s Washington College of Law. During one of the plenary sessions on U.S. legislative drafting, a Dutch lawyer asked about the practice of “discontinuity” in Congress. I am not sure the panelists understood what this [...]

Felons on the Floor?

The Telegraph reports that a point of order has been raised in Parliament with regard to the propriety of allowing a “convicted criminal” the right of access to Westminster. A former member of Parliament named Chris Huhne, who two years ago resigned and pled guilty to the offense of “perverting the course of justice” (something [...]

Catching Legislators In Flagrante Delicto

So the important point to take away from this post is that there is a very cool website, Constitute, which allows you to read, search and compare the world’s constitutions. (Hat tip: Lawrence Solum).  When you enter the site, there is a topics section on the left side and if you click on a topic, [...]

Upcoming Legisprudence Conference in Israel

An international conference co-sponsored by the Bar-Ilan University Faculty of Law and the Knesset Legal Department, which will take place on December 10-11, 2014 in Israel, was brought to my attention by one of the participants. The conference is entitled “Legisprudence and the Legislative Process: From Theory to Practice,” and includes a number of panels [...]

The Use and Abuse of Legislative Privilege- Canadian Edition

The Speaker of the Canadian Parliament (who is 32 years old!) issued this ruling last week in response to a point of order. The issue concerned the action of a Government Minister who had “tabled a document” with the House detailing a political donation made by a particular named individual. The point of order was [...]

Northern Exposure

            The Canadians seem to be having their own version of the Karl Rove/Harriet Miers/Josh Bolten controversy that arose in during the Bush administration (when these White House officials asserted immunity from having to appear before congressional committees).  The Canadian government has declared only cabinet ministers, not their political staffs, can be called as witnesses [...]