Bradlaugh v Gossett; 9 Feb 1884

References: (1884) 12 QBD 271, 32 WR 552, 53 LJQB 209, 50 LT 620, [1884] EWHC 1 (QB)
Links: Bailii
Coram: Lord Coleridge, Stephen J
Ratio:Bradlaugh, though duly elected Member for a Borough, was refused by the Speaker to administer oath and was excluded from the House by the serjeant at arms. B challenged the action.
Held: The matter related to the internal management of the House of Commons and the Court had no power to interfere.
Lord Coleridge said: ‘There is another proposition equally true, equally well established, which seems to me decisive of the case before us. What is said or done within the walls of Parliament cannot be inquired into a Court of law. On this point all the judges in the two great cases which exhaust the learning on the subject – Burdott v Abbott (1811) 14 East 1 and Stockdale v Hansard (1839) 9 Ad & E 1 – are agreed, and are emphatic. The jurisdiction of the Houses over their own members, their right to impose discipline within their walls, is absolute and exclusive.’
Stephen J said: ‘I think that the House of Commons is not subject to the control of Her Majesty’s Courts in its administration of that part of the statute law which has relation to its own internal proceedings, and that the use of such actual force as may be necessary to carry into effect such a resolution as the one before us is justifiable’ and ‘The only force which comes in question in this case is such force as any private man might employ to prevent a trespass on his own land. I know of no authority for the proposition that an ordinary crime committed in the House of Commons would be withdrawn from the ordinary course of criminal justice. One of the leading authorities on the privilege of Parliament contains matter on the point and shows how careful Parliament has been to avoid even the appearance of countenancing such a doctrine.’
This case cites:

(This list may be incomplete)
This case is cited by:

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    (New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
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  • Cited – Mereworth v Ministry of Justice ChD (Bailii, [2011] EWHC 1589 (Ch))
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(This list may be incomplete)

Last Update: 25-Jul-16
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