Chapter
2 - Parliamentary Privilege: immunities and powers of the Senate
Parliamentary privilege and the Senate
The law of parliamentary privilege is particularly important so far as
the Senate is concerned, because it is the foundation of the Senate’s ability
to perform its legislative functions with the appropriate degree of
independence of the House of Representatives and of the executive government
which controls that House.
Parliamentary privilege exists for the purpose of enabling the Senate
effectively to carry out its functions. The primary functions of the Senate are
to inquire, to debate and to legislate, and any analysis of parliamentary
privilege must be related to the way in which it assists and protects those
functions. Although the relevant law is the same for both Houses, and is
analysed accordingly in this chapter, its particular significance for the
Senate must constantly be borne in mind.
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