The British Constitution: parliamentary privilege and exercise of power

Abstract

This article explores Parliamentary Privilege in the current UK context, its nature, purpose and possible future developments. It discusses the two distinct forms of Parliamentary Privilege: i) Freedom of Expression within Parliament derived from Article IX of the Bill of Rights 1688/9, and ii) the doctrine of «Exclusive Cognisance», which forms part of the Common Law, and does not have a statutory source. It considers which aspects of these ancient constitutional mechanisms remain key in the XXIth century, and which are in need of reform. It also asks what impact recent constitutional debates, for example, Brexit, have had on this subject, and what these have revealed about the complex relationship between Parliament, the Government and the British People.