Australian democracy and priveleged parliamentary speech

Abstract

This article responds to recent cases of parliamentary speech which reflect the ascendancy of a totalising ‘mainstream’ approach to public discourse and a political leadership that may, at times, be overly attentive to the majority-rule dimension of democracy. These developments spark a more general discussion of the phenomenology of privileged parliamentary speech, the role of speech freedoms in liberal democratic orders and the duties of parliamentary representatives within them. I make two general conclusions. First, the ways in which we normally argue and think about free speech will not generally apply to the speech of parliamentarians because their speech rights cannot be universalised. Secondly, even if parliamentary speech could be treated as standard speech there would be no legitimate defence (from a liberal democratic point of view) for a strictly populist approach to its use since this could undermine the deliberative function of parliament and lead to the violation of other important liberal democratic principles.