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On 20 May 2016, an amendment to the Constitution has been passed by the Parliament, removing parliamentary immunity. Due to surpassing the two-thirds majority threshold, the amendment was able to pass without a constitutional referendum. [ 20 ]
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. Origins.
It also protects members from civil suits related to their official duties. [1] A similar clause in many state constitutions protects members of state legislatures. Legislators elsewhere in the world are often similarly protected under the doctrine of parliamentary immunity.
The Constitution specifically protects members of Congress against interference with their deliberative function. The special privileges and immunities attendant on congressional membership are contained in the first clause of Article I, section 6, of the Constitution.
Immunity from civil suit, both in law and equity, and from criminal action based on the performance of legislative duties flows from a determination that a challenged act is within the definition of legislative activity, but the Court in the more recent cases appears to have narrowed the concept somewhat.
Even if absolute immunity is inappropriate, the evidentiary component of the Clause prohibits the introduction of evidence of legislative acts for use against a Member, 10 Footnote United States v.
The congressional committee system is the stunted growth of a parliamentary government in the United States, which cannot take over the Executive Branch because the Incompatibility Clause prevents Congressional Committee Chairmen from demanding Cabinet appointments.
