Browne–Fitzpatrick privilege case, 1955
| R v Richards; Ex parte Fitzpatrick and Browne | |
|---|---|
| Court | High Court of Australia |
| Full case name | The Queen against Richards; Ex parte Fitzpatrick and Browne |
| Argued | 4 November 2015 |
| Decided | 24 June 1955 |
| Citations | [1955] HCA 36, (1955) 92 CLR 157 |
| Court membership | |
| Judges sitting | Dixon CJ, McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ. |
| Case opinions | |
| (7:0) Section 49 of the Constitution vests the Senate and House of Representatives with the powers, privileges, and immunities held by the House of Commons at the Commonwealth's establishment, absent parliamentary declaration to the contrary. This provision is not restricted by implications arising from the Constitution's general structure or the separation of powers doctrine. A Speaker's warrant, facially consistent with a recognised breach of privilege, is conclusive, even if the breach is described broadly. | |
R v Richards; Ex parte Fitzpatrick and Browne (1955) 92 CLR 157, was a legal case concerning the right of privilege of the Australian Parliament.