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2 The Law Of Parliament
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Published:29 October 2009
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Abstract
Unlike the legislatures of almost all other democracies, the Parliament of the United Kingdom does not derive its existence or its powers from a written constitution. There is little statutory regulation applicable to the Parliament. There are nevertheless a number of rules of a broadly legal nature governing the ways in which Parliament operates. These are together known as the law and custom of Parliament (lex et consuetudo parliamenti). The courts recognize the existence of these rules, and accept the claims of the Houses of Parliament to be self-regulating. The courts thus concede that the two Houses have ‘exclusive cognizance’ of their own proceedings, that they enjoy parliamentary privilege, and they have the legal right to punish for contempt. Much of what follows in the fi rst two sections of this chapter is, then, an account of rules relating to the Parliament of the United Kingdom, many of which might not be recognized as laws in a positivist’s sense in many other jurisdictions. The principal focus will be on the dominant chamber, the House of Commons.
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