Legislative Immunity of Deputies

Abstract

Parliamentary immunity is one of the oldest institutions of constitutional law. There are two types of immunity granted to members of parliament: parliamentary immunity and parliamentary irresponsibility. These immunities are constitutional guarantees that protect both the basic rights of members of parliament and the individuals they represent. Parliamentary immunity is an institutional guarantee of the right to free elections and freedom of expression. While parliamentary immunity is a fundamental guarantee of an effective functioning parliament, it can also conflict with the basic rights of members of parliament or third parties. Parliamentary immunity and irresponsibility can be a barrier to prosecuting members of parliament. This can prevent third parties who have suffered harm from the actions of members of parliament from seeking justice. Similarly, parliamentary immunity can also prevent members of parliament from clearing their names in front of justice. This study evaluates the purpose and legal nature of parliamentary immunities and examines different country practices.