Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Domestic Immunities

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter investigates the conflict between those immunities and the right of access to court. It deals with the liability of public authorities under English law. The cases concerning the liability of British public authorities are closely connected with the question whether or not a "civil right" existed within the meaning of Article 6 (1). The concept of parliamentary immunity was established some four hundred years ago. However, the degree to which parliamentary free speech is protected varies across the European continent. Before deciding on the case of A v. the United Kingdom, the Court conducted an extensive comparative law analysis on the scope of parliamentary immunity in the Contracting States. Parliamentary immunity is recognised by all Contracting States and serves the legitimate aims of protecting free speech in Parliament and maintaining the separation of powers between the legislature and the judiciary.

Keywords: civil right; English law; liability; parliamentary immunity; public authorities

10.1163/ej.9789004181847.i-220.17
/content/books/10.1163/ej.9789004181847.i-220.17
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation