Legal Definitions - lex et consuetudo parliamenti

Lex et consuetudo parliamenti is a Latin phrase meaning "the law and custom of Parliament." It refers to the unique body of rules, practices, and traditions that govern the internal workings, procedures, and privileges of a legislative body, particularly a parliament. These rules are distinct from the general laws of the land and have evolved over centuries, shaping how Parliament conducts its business, protects its members, and maintains its authority.

This concept highlights that Parliament possesses its own inherent legal framework and established customs that dictate its operations, the rights and duties of its members, and its relationship with external bodies, including the courts. It ensures Parliament's independence and its ability to function effectively without undue interference.

• Example 1: Parliamentary Privilege and Freedom of Speech

  During a debate in the House of Commons, a Member of Parliament (MP) makes a statement accusing a powerful corporation of unethical practices, providing specific details that, if said outside Parliament, might lead to a defamation lawsuit. However, because the statement was made within the parliamentary chamber, the MP is protected by parliamentary privilege, a core component of lex et consuetudo parliamenti. This privilege ensures that MPs can speak freely on matters of public interest without fear of legal repercussions, allowing for robust debate and accountability.

• Example 2: Internal Disciplinary Procedures

  A Member of Parliament repeatedly disrupts proceedings, ignoring warnings from the Speaker to maintain order. Following established parliamentary rules and customs, the Speaker invokes their authority to "name" the member, leading to a vote by the House to suspend the disruptive MP for several days. This action is taken under the internal disciplinary powers derived from lex et consuetudo parliamenti, demonstrating Parliament's ability to enforce its own order and decorum without needing to resort to external courts or general criminal law.

• Example 3: Parliament's Authority Over Its Own Records

  A court issues a subpoena demanding access to unredacted minutes of a confidential parliamentary committee meeting, believing they contain evidence relevant to an ongoing legal case. Parliament, however, asserts its right, based on lex et consuetudo parliamenti, to control its own internal records and proceedings, arguing that such a subpoena would infringe upon its independence and the confidentiality necessary for its work. This illustrates Parliament's distinct legal standing to manage its internal affairs and protect its operational integrity from external judicial oversight.