Carne-age: Article IX in Australia Today.

Autor: Moorhead, Thomas
Předmět:
Zdroj: Australasian Parliamentary Review; Spring/Summer2024, Vol. 39 Issue 2, p92-104, 13p
Abstrakt: This article examines the continuing relevance of Article IX of the Bill of Rights 1688 in Australian law, with particular attention to the recent case of Crime and Corruption Commission v Carne.2 Article IX, which enshrines the principle that parliamentary proceedings should not be questioned in any court, remains a cornerstone of parliamentary privilege in Australia. However, the Carne case has challenged this long-standing principle, raising important questions about its application to documents received by parliamentary committees. Through an analysis of the statutory, constitutional, and common law foundations of Article IX in Australian jurisdictions, the article argues that the High Court's decision in Carne undermines the protections guaranteed by Article IX, particularly regarding the handling of committee documents. The case exemplifies judicial skulduggery concerning parliamentary processes, weakening the constitutional principle of mutual respect between the judiciary and parliament. Ultimately, this article advocates for a reaffirmation of Article IX as a foundational principle in Australia's constitutional framework, warning that further judicial interference could erode the essential privileges of parliament and disrupt the balance of power between branches of government. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index