Free Speech and its Limits in the UK Parliament

Abstract

Abstract The notion of Parliamentary supremacy in the United Kingdom’s constitution remains unquestionable. However, the legislative intent of Article 9 of the Bill of Rights 1689 which provides that debates or proceedings in Parliament ought not to be impeached or questioned in any Court or place out of Parliament appears to undermine rules and principles that have been established in a system of jurisprudence for the promotion of administration of justice and enforcement of other rights. The question is whether there should be limitations on Parliamentary privilege on free speech to preclude wilful disregard of Court injunctions. This article argues that the invocation of Parliamentary privilege on free speech in wilful disregard of Court’s injunction undermines the universal principles applicable to the rule of law, breaches the sub judice rule, threatens the constitutional role of the Courts in the administration of justice and damages the comity that exist between Parliament and the Courts.