Parliamentary Privilege

Parliamentary Privilege

The work discusses the concept of privilege within the context of parliamentary law, emphasizing its role as a substitute for legal frameworks when those frameworks may conflict with broader principles. It critiques the misuse of privilege, particularly in the case of Sir Francis Burdett, who faced repercussions for a speech made in the House of Commons that was later published. The author argues that once a speech is published, it should be subject to the law of libel rather than parliamentary privilege, highlighting a critical distinction between the two. The text further explores the historical context of privilege, contrasting it with the principles of permanency and progression found in European and Christian states. It reflects on the civil wars of the seventeenth century in England, illustrating how these principles were at odds during that tumultuous period. The author critiques the lack of a principle of permanence in Mohammedan states, suggesting that their inability to progress leads to their decline. In contrast, he notes that China exemplifies a state of permanence without progression. The work also touches on the characteristics of various cultures, such as the Persians and Afghans, and their historical significance. The author posits that European and Oriental perspectives can be represented by two figures looking in opposite directions—one towards the past and the other towards the future. This metaphor underscores the differing approaches to history and progress between these cultures. Overall, the text serves as a philosophical examination of the implications of parliamentary privilege, the historical struggles between permanence and progression, and the cultural dynamics that shape societies. It advocates for a clear understanding of the boundaries of privilege and law, urging a more nuanced approach to governance and societal structure.

By Samuel Taylor Coleridge · First published 1830 · Genre: Political Philosophy, Essay, Historical Analysis · 1,371 words

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Privilege is a substitution for Law, where, from the nature of the circumstances, a law cannot act without clashing with greater and more general principles. The House of Commons must, of course, have the power of taking cognizance of offences against its own rights. Sir Francis Burdett might have been properly sent to the Tower for the speech he made in the House [1]; but when afterwards he published it in Cobbett, and they took cognizance of it as a breach of privilege, they violated the plain distinction between privilege and law.

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Parliamentary Privilege is listed on Textopian as an essay by Samuel Taylor Coleridge, dated 1830 CE.

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Parliamentary Privilege · Samuel Taylor Coleridge · House of Commons · law · freedom of debate · tyranny · political theory · civil rights · libel · historical context · European states · permanency

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