Three quarters of parliamentarians in the world enjoy parliamentary inviolability.
Canadian authors J.P. Joseph Maingot Q.C. and David Dehler Q.C., present this fascinating book which studies how it came about that three quarters of parliamentarians in the world enjoy parliamentary inviolability, which protects a politician beyond the walls of parliament, as opposed to parliamentary immunity (privilege) which protects the politician only while within those walls.
Through critical analysis, this book demonstrates that parliamentary inviolability defies the rule of law, equality before the law, the separation of constitutional powers, prosecutorial discretion, and encourages disrespect for and clashes between the three branches of government. The Craxi scandal in Italy (1993), the ongoing Berlusconi affair in Italy, and the Juppé affair in France (2004) serve amply to demonstrate this.
This book is peppered with relevant and fascinating newspaper reports from the international press which testify to the havoc created globally by the claim to parliamentary inviolability as it discourages good governance. The final chapter undergirds the entire book as it provides an in-depth analysis of the foundation of human rights in the intrinsic, created dignity and worth of the human person and seeks to demonstrate why nobody -- especially no lawmaker -- is above the law. Having rid our thought of the 'divine right of kings', we ought not to now tolerate the 'divine right of legislators' or the 'divine right of the state'.
While it presents a case for the abolition of parliamentary inviolability, the book concludes with an optimistic yearning for age-old values that centre on humanity and human rights, urging peace and justice in the world.
An Annex contains the parliamentary inviolability / immunity provisions of each of the constitutions of the world, and a list of of the parliaments which enjoy 'inviolability' and those which enjoy 'immunity'.