Sunday, November 22, 2009

Senator Dana Seetahal, SC asks : Can Parliament be challenged in Court?

"Where proceedings of Parliament are likely to have been tainted, on account of substantive or gross illegality or unconstitutionality, they could still be reviewed by the judiciary. In a Canadian case in 1996, the court considered the nature of parliamentary privilege, and commented that it could not be said that the courts have no role to play in the debate which arises where individual rights are alleged to conflict with parliamentary privilege. While the court recognised that under the British system of parliamentary supremacy, the courts arguably play no role in monitoring the exercise of parliamentary privilege, the situation with the Canadian courts was different, given their written constitution."

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