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The doctrine of Parliamentary privilege has no place in a modern democratic society
The doctrine of Parliamentary privilege has no place in a modern democratic society
The debate on whether parliamentary privilege augurs well with the prospects of development in the modern society is an issue marred with controversy to this day. With the advancements that have been witnessed in the political and social organization in the modern society, it is virtually possible to live with any system of government just as it is to do away with it. This implies that the relevance of the doctrine of parliamentary privilege on modern society can be assessed from different angles; affirmative or otherwise. To understand the magnitude of the doctrine in the modern political establishment, parliamentary privilege can be illustrated to be synonymous with parliamentary system. Even if debate for its review and in extreme debates its abolition persist, it is an issue that cannot be abandoned just in the heat of the arguments. The following discourse explores the possibilities of abandoning the doctrine based on some of its principles, in light of their appropriateness in a modern democracy.
Protection of the parliament against any form of interference while handling legislative obligations is by far a genuine reason for the existence of such freedom as accorded to parliamentarians. However, abuse of the privileges appears to be inseparable from the process of their enjoyment. Enid (174) identifies parliamentary privilege violation as a major concern that drew the attention of the parliament a long time ago. The purpose of the privilege accorded to parliament rests within the context of legislative duties but other contingent intricacies of interpretation have always made efforts futile to identify balance the genuine purposes. Parliament has failed to implement the appropriate balance and checks that would facilitate the relevant procedures to be applied in determining parliamentary privilege usage as genuine or not. Democratic institutions need such control as would be necessary for their independence on one hand while their abuse is clearly identified and dealt with amicably on the other hand.
The basic rule that parliamentary privilege is intended to achieve is resolve issues bearing a matter that is of public interest and importance. Contrary to this, parliamentarians have applied the relevant privileges to suit their own personal interests at the expanse of that of the public. There are reports that a number of parliamentarians in the UK have been implicated in the unprecedented financial fraud. By carrying out such economic crimes, there is every indication that the personal interests of these leaders fell in front of any national obligation to protect the will of the people. It has occurred in the past that misuse of the privilege can easily be misinterpreted and manipulated to suit the interests of a few people. Bearing in mind that the parliamentarians are a representative group for the entire population, that would translate to taking public interest as ransom for individual wellbeing.
Laudable progress of dealing with the problem of parliamentary privilege can be observed in Malta, a commonwealth country which struggled with the legal system up to the Supreme Court to have the doctrine dropped from the national doctrines governing parliament. With the correct cooperation from all the sectors of the democracy, it is possible to launch a spirited and fruitful fight against anti-democracy doctrines such as parliamentary privilege as observed in Malta.
Modern democratic principles appear to be contradicted by the general usage and interpretation of parliamentary privileges, with regard to accountability and transparency. The author finds it ironical that despite demanding and enforceable calls for accountability and transparency by critics of the government, the parliament and the opposition seem to walk unscathed. Privileges enjoyed by the members of parliament accord a rare immunity to parliamentarians to state what they want devoid of a truth requirement so long as they do that inside the precincts of parliament. In the modern democracy, it is a requirement that every individual in any public office applies responsibility and accountability for what they state directly or imply to state for the sake of democratic process to thrive. It therefore appears that a doctrine favouring the exact opposite would be ill advised and ought to be reserved for less serious activities that do not involve such as those of the highest decision making institution of a people’s governance system.
By allowing parliament to offer protection to a few people in isolation translates into a form of discrimination that democracy strongly dejects. It appears that such a privilege only exists to promote the notion of a selected few being above the law, a complete contrast of democratic foundations. It therefore follows that the only way to avoid futility in principles of modern governance, contradicting applications ought to be replaced with those that keep with the pace of transformations in the modern society. According to Evans (117), it is unacceptable for parliament to appear to be creating a public sphere that is immune to the laws that it sets, as if they do not belong to the same society. The author however remains optimistic that there are solutions to this problem if the society is willing to rectify.
In the context of origins of parliamentary privileges, there is a general picture of need to protect the law makers from an absolute form of leadership that was largely outside the parliamentary control. By entrenching the protection in the practices of the highest law making institution of the state, it became easier for criticism and correction as interventions of checks and balances of governance. Basing the argument on the premise that modern democracy has largely done away with absolutism in governance, leadership format therefore renders parliamentary privilege vestigial by virtual of being irrelevant. Old and irrelevant practices usually get caught up in the development of the society and they have no further application but being shelved. Modern democracy has offered the correct checks and balances for the various departments of the government, besides making the government a completely representative entity.
The doctrine of Parliamentary privilege has no replacement in a modern democratic society
Parliamentary issues must be left to parliament to handle, since being the law forming arm of government would appear ridiculous for other any other arm to enforce 5the same law to disorient parliament from its duties. It must be noted that some institutions of the government such as the armed forces have a separate disciplinary system from that of the general public; why not should parliament not have such? Critics of such doctrines should offer an alternative to parliamentary privilege which could be difficult to match with respect to the nature of their duties. It is therefore a matter of fact that if the society needs to strengthen the institution of parliament, credible leadership should be involved into the system by the electorate.
Much of the debate against parliamentary privilege seems unfair on a good doctrine being soiled by the fear of a gluttonous few. If the society was to develop a strong governance system, such issues must be faced head on by aligning its leadership, instead of apportioning blame to existing traditions that have worked in the past. Eliminating the doctrine and its application in the modern parliamentary practice would therefore amount to interference and contempt of the institution that needs extra cooperation from all sectors of the society. This is guided by the premise that the human society has found succour in the evolution of governance structure, particularly the parliamentary system that has principle foundations well regulated by its own wisdom.
In Enid (180), appropriate mechanisms should be put in place to punish every parliamentarian who violates the doctrine of parliamentary privilege. The author reckons that the usage of appropriate mechanisms and processes such as penal powers of the parliament should be enough to check the balance of the privileges and avoid their abuse. The joint committee set in the UK to analyse the status of parliamentary privilege and its role in the modern UK found out that the disciplinary responsibility of the Houses could handle the violation of the privileges as accorded to parliament. By recommending that the jurisdiction of determining the gravity of violation of privileges by members of parliament should be shared among the court system and parliamentary discipline and penal system, the committee was aware of the implications of possible abolition of the doctrine. It is therefore clear that just like any other offense in the society, violation of parliamentary privilege should be treated as a parliamentary offense attracting certain penalties.
As observed earlier in Evan (117), the rule of law and parliamentary privileges are reconcilable. Commonwealth countries parliamentary practices are by far a replica of the UK scenario, which makes the authors’ study of Canada applicable. The author translates criticism of reasonableness of parliamentary privilege as uniformed as of a Diceyan nature which is not enough to draw conclusions regarding applicability in the modern age. It is clear that the original intent of establishment of the doctrine and the subsequent entrenchment in standard practices ought to attract sobriety and fairness. Abolition of the practice due to the apparent lack of equality across the society must be translated with a keen ascription involving several other principles. The importance of parliamentary proceedings to the society and the protection that ought to be accorded to the institution should call for any possible means within the reach of the society to carry out the objective.
Conclusion
Modern democracies should consider reviewing the doctrine of parliamentary privilege, to avert the debate that seems too sensitive to be left at the stage it is. While proponents of abolition of the doctrine seem to have the numbers on their side, opponents might have a point to prove and protect the institution of the legislature. Democracy is a conglomeration of new and old practices that should strike a balance between reforms and conservative ideologies, for the sake of the good of the society.
Works Cited
Enid, Campbell, “Adjudication of Parliamentary Offences.” University of Queensland Law Journal, 22.2(2003):173-187
Evan, Fox-decent, “Parliamentary Privilege and the Rule of Law.” Canadian Journal of Administrative Law and Practice,” 20.3(2007):117-140
Reform Movements in the United States that Led to Expansion of Democratic Ideas (2)
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Reform Movements in the United States that Led to Expansion of Democratic Ideas
Popular ideas are an articulation used to reflect individual characteristics or measures of government conduct that are felt to be fundamental for the continuation of a vote based arrangement. As Americans entered a time of change and precariousness, they tried to grow majority based beliefs in the general public. In light of unexpected changes happening and conventional qualities being tested, different change developments amid 1820-1860 started to concentrate on just goals. (Huston, 2011) The ascent of religious restorations, events for equal rights and ensuring freedoms of various social gatherings, need to propel society innovatively, and want to bring request and control helped change the general public to satisfy the country’s established beliefs.
A proper technique to understand the individuals who customized and transmitted America’s shift over the Mississippi in the years leading up to the Civil War is to take a peek on the political future remaining to them by their folks and grandparents.( Taylor (2006), p. 54) After freedom, the particular idea of ages resounded with new meaning. Transporting social duty from one generation to another is reliably a fascinating money transfer of the purchased and the novel, but the American Revolution was a political and social rupture that obscured the adolescent Americans ‘ future. They faced a further lifestyle in another nation together.
Although this relation weakened usual loyalties within the age which the Revolution acquired, it also held out the assurance of trying to make another free will stretching across the continent. The Revolutionary chief Governor Morris communicated this expectation when he composed that a “national soul is the regular consequence of national presence; and albeit a portion of the present age may feel frontier restrictions of conclusion, that age will fade away, and offer a spot to a race of Americans.”
Even though most Americans were ostensibly Christians, a significant number of them lived without spots of love, particularly the individuals who had moved to the wilderness. Paying for ministry, church structures, and theological colleges currently relied on voluntary commitments, and without state support, numerous holy places attempted to endure. However, the division of chapel and state incomprehensibly reinforced religion in America, for it allowed a hundred otherworldly blossoms to sprout, and sprout they did. (Earle (2004), p. 19) Priests started exploring different avenues regarding new strategies planned unequivocally to restore Christianity in America.
A socialist movement is a kind of social development intended to pull out gradual improvement or alter in particular sections of society as compared to rapid or significant adjustments. The feeble and the general population having a place with the alleged low standing were the casualties of such traditions. Child murder, the arrangement of Sati, polygamy, and so forth were the shades of malice from which the Indian culture endured.
Bibliography
Lichtenstein, Nelson. State of the Union: A Century of American Labor-Revised and Expanded Edition. Vol. 91. Princeton University Press, 2013.
Omi, Michael, and Howard Winant. Racial formation in the United States. Routledge, 2014.
Tarrow, Sidney G. Power in movement: Social movements and contentious politics. Cambridge University Press, 2011.
Sir Gawain and the Green Knight
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Sir Gawain and the Green Knight
Introduction
Literature’s history is muddled with changes that depict the evolution that the universe has gone through. Every generation has been gifted with individuals with the in-depth knowledge and understanding of literary concepts. The nature of delivery has been different, as in the olden days most literary scholars were narrators. The progression has been significant as it moved through to writing, and eventually to conception of modern technology like the television (Sadowski, 25). Sir Gawain and the Green night is a novelty of literary productions that depicts the life of one of King Author’s greatest knights, Gawain in a poem. The production sounds with great magnificence that makes it hard to believe that is was written in the 14th century. The story twists around the troubles that bedevil Gawain as he struggles to cope with his chivalry after consenting to a fighting challenge by the green night. In the challenge, the green knight promises to come back after one year and a day to take his blow (Brewer, Derek, and Jonathan Gibson, 68). The poem explicitly covers medieval romance with a precision that creates a conception of the loving nature of the 14th century.
Courtly Love in the Poem
Normalcy had it that the erotic interaction between man and woman is referred to as love. It is, however, interesting to note the delicacy with which the medieval people had different references for love depending on the parties involved. An affair between a knightly figure and a revered lady was given the reference of courtly love. Such affairs were also muddled with chivalry and nobility as the knights involved always set out to achieve great fetes to impress their ladies (Wollock, 57). This feature often defined the production of literary pieces during the medieval times and as such did not escape to feature in Sir Gawain and the Green Knight. However, the projection of courtly love in this poem is unique and beats all the odes that had been set. Instead of drawing up a the common figure of man and woman falling in love, it mires up the love concept with loyalty that Sir Gawain has to maintain to King Arthur.
Usual circumstances in which love birds exchange pleasantries are escaped in the poem as the King’s wife presents Gawain with a rather unique ‘gift’ (Wollock, 56). The temptation that is projected by the lady to Gawain throws him into a dilemma as his pick on whom to honor with his loyalty between and Arthur, and the lady becomes a challenge. Out of respect and the principles of courtly love, Gawain knows he should give in to the lady’s pressure to love and commit to lustful desires. He, however, is fully aware of his status as a knight and is as such expected to honor the king with loyalty which would include keeping off his wife.
As the situation advances, set accords and principles arm-twist him into silence and betrays the confidence that the King has in him. That is because he fails to tell him or the public on his endeavors with the queen. Telling of the aggressive advances that have been made toward him by the queen would expose the lady as evil yet this is contrary to Gawain’s wishes (Wollock, 57). It is significant to note the nature with which Gawain recognizes the bad sides of bedding the king’s wife and his desire to pull out of the relationship. Yet he keeps succumbing to the pressure and temptation. The lady plays her role in the courtly love as she fulfills the expectation bestowed upon the ladies in courtly love by constantly piling the pressure upon Gawain and making every attempt to make fall in love with her.
In the end, the villain compares himself to Biblical villains who fell victim to courtly love but fails in his comparison as he hardly shares traits with the figures. His final pick is David, who ended up getting punished through the loss of his son with Bathsheba. However, all the Biblical figures also bear heavy blame for the repercussions that they had to face after giving to temptations of lust. As such, Gawain’s attempt to draw a comparison to any of them is not credible. The theme of medieval love is used to add turns and twists to the poem and keep it alive, and action packed as we await the return of the green knight (Wollock, 58).
The Role of Women as Romance
Ladies play a magnificent role in the relieving of tension in literary development as they are oft used to develop a facade in the mental imagination of readers (Whetter, 91). One could say that this novelty has failed in that aspect in a huge sense. However, consideration should be made to analyze the manner in which shameless ladies are used to spice up the fighting event hosted jointly by Camelot and Hautdesert. The kissing and flirting during the event gives it a new course as the villain of men forget their quests for a while to indulge in the activity (Porter, 51). Women not only play their role here as Eros beholders, but also as characters who spice up the plot the poem thus making it ‘romantic’ in the literary aspects. That aside, this romantic gesture serves to inspire some knights as they marvel at winning before the crowd of feminine admirers. However, to other fighters it is more of an obstacle as they indulge in flirtatious actions and abandon their course (Whetter, 91).
Feminine romance and manipulation are further projected when reference is made to the Biblical women who used their influence to romantically manipulate great men (Porter, 49). The writer portrayed the women as people with the greatest weapon that can subdue even the greatest of men, which is romance. Their bodies are used to unveil aspects of weakness, the kind that make villains vulnerable, not only to their loving, but also in war. King David is the loudest projection in this sense as Gawain makes every attempt to draw a comparison between him and the nobility (Sadowski, 26). It is amazing to note the extent that men go just so bed the ladies who either steal their hearts or bedevil their aspirations with romantic gestures that inspire lust and confuse chivalry (Whetter, 92).
The most significant role of romance in the poem has been played by Lady Bertilek, who acts as the architect of Gawain’s confusion and submission of matters he does not want to be party to (Whetter, 92). Her romantic gestures are loud and eminent as she makes all attempt to lure Gawain to engage sexually with her. In a way that portrays courtly love, she assumes the role of Gawain’s guide to loving a woman. She oft kisses and presents him with the temptation of bedding her. Though Gawain later manages to overcome her aggressive nature and approach, her role in subjecting him to romance is somewhat achieved to some extent (Porter, 50).
Sir Gawain Honoring the Chivalric Code
Sir Gawain lives up to the codes that made all knights in Camelot. The chivalric code required the knights to be the greatest bearers of loyalty, courtesy, and courage. When Gawain is challenged by the Green Knight, he is obviously expected to exhibit the knightly courage that all look up to as they are the chief protectors of the kingdom (Wollock, 58). Gawain takes the challenge and fights the Green knight and even beheads him. The stepping up to the challenge not only restores pride within the King’s castle, but also keeps the dignity of the chivalry contact (Harding, 152). in more than one fighting occasion, Gawain does not show the slightest signs of a coward and wins his duels with the skill and expertise of a villain.
The other instance in which Gawain exhibits Chivalry is when he feels guilty after failing to tell the Green Knight of the charm that he posses, the green girdle. He feels that it would be courteous as a knight to inform his challenger of the girdle. Courtesy appears to be a virtue that defines Gawain in an exceptional way. Out of courtesy, he fails to turn down the advances made toward him by lady Bertilek (Harding, 152). He feels that telling on her would harm her reputation in significant volumes, a factor he is not ready to live up to. Courtesy is thus the level of chivalric discipline that the knights should exhibit.
The most significant Chivalric exhibition by Gawain is his loyalty to King Arthur. He fights to protect the king as it is in the knights’ codes. Through his fighting, his loyalty to Camelot is also proven. He even manages to turn away the most tempting approach of lady Bertilek, who seeks to love him. As he believes that it his knightly duty to stay loyal to the king, a duty he does not aspire to fail in, he manages to free himself from the erotic his taunter was seeking to keep in. Loyalty becomes the path Gawain chooses when he is bedeviled by factors that are sighted to plot his downfall (Wollock, 55).
Conclusion
Sir Gawain and the Green knight portrays several aspects of the medieval ages (Sadowski, 25). The courtly love, chivalric code and the free world in which men allow manipulation by women are all explicitly covered in the poem. The poet delivers a classics as he attempts to unveil the struggles that knights had to go through to fulfill their duties and live up to the Codes of Chivalry (Brewer, Derek, and Jonathan Gibson, 70). Women are endowed with a high status and men strive in their endeavors to please them, sometimes even forgetting their true purpose (Porter, 49). Sir Gawain’s outstanding desire and ability to live up to the codes of chivalry and fulfill other quests portray him as the greatest character in the poem.
Cited Works
Brewer, Derek, and Jonathan Gibson. A Companion to the Gawain-Poet. Cambridge: D.S. Brewer, 1997. Print.
Harding, Wendy. Concepts of Chivalry in “sir Gawain and the Green Knight”. Norman: Okla, 1987. Print.
Porter, Pamela. Courtly Love in Medieval Manuscripts. Toronto: University of Toronto Press, 2003. Print.
Sadowski, Piotr. The Knight on His Quest: Symbolic Patterns of Transition in Sir Gawain and the Green Knight. Newark: University of Delaware Press, 1996. Print.
Whetter, K S. Understanding Genre and Medieval Romance. Aldershot, England: Ashgate, 2008. Print.
Wollock, Jennifer G. Rethinking Chivalry and Courtly Love. Santa Barbara, Calif: Praeger, 2011. Print.