Parliamentary Privilege: Quis Custodiet Ipsos Custodes?

Abstract

This article considers the legal issues around absolute privilege addressed in the Privy Council case of Jennings v Buchanan. The author begins by reviewing the basis for the Privy Council’s decision in that case, before exploring the various reasons advanced by the Privileges Committee for why this particular judgment may have been an error. To conclude, the article discusses whether it is desirable for Parliament as an institution to make its own determination of absolute privilege issues, or whether the courts should be charged with the constitutional duty of fully deciding the point.