Power of parliamentary houses to send for persons, papers and records: a sourcebook on the law of precedent for parliamentary subpoena powers for Canadian and other Houses.
Par Derek Lee LLB., depute, University of Toronto Press, 1999.
Le dernier ouvrage de Derek Lee s'intitule The Power of Parliamentary Houses to send for Persons, Papers and Records. Cet apport remarquable vient enrichir les ouvrages, peu nombreux, portant sur les procedures des assemblees legislatives canadiennes. Le cadre de son sujet est certes restreint, mais l'auteur trouvera une large audience chez les parlementaires, les lobbyistes, les avocats et les experts susceptibles d'etres auditionnes.
M. Lee examine d'abord le role de > de la nation, legue au Parlement canadien par la Grande-Bretagne dans l'Acte de l'Amerique du Nord britannique de 1867. Il etudie ensuite les lois et les usages parlementaires sous le rapport des privileges. Il se penche sur le pouvoir qu'a le parlement d'exiger le depot de dossiers et de documents, de convoquer les personnes, et de faire respecter ses demandes. Il expose, par le menu, les pouvoirs pour ainsi dire illimites du parlement a cet egard, et traite du role des comites. Le pouvoir disciplinaire des comites est faible, fait remarquer l'auteur. En effet, ce droit est reserve a la Chambre des communes.
Divers chapitres concernent les pouvoirs de convoquer des citoyens, des fonctionnaires, des soldats, des deputes, des ministres, des membres et des officers d'une autre assemblee. Enfin, l'auteur decrit les pouvoirs disciplinaires du parlement, et examine l'impact de la Charte...
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