R v Richards; Ex parte Fitzpatrick and Browne [1955] HCA 36

R v Richards; Ex parte Fitzpatrick and Browne [1955] HCA 36

Section 49 of the Constitution operates independently and confers on the Houses of Parliament all the privileges (including the privilege to judge and punish for contempt and the conclusiveness of Speaker's warrants) enjoyed by the House of Commons at the establishment of the Commonwealth, unless and until...

Source-derived case information.

Parties
Respondent: The Queen; Respondent: Edward Richards; Applicant: Raymond Edward Fitzpatrick; Applicant: Frank Courtney Browne
Jurisdiction
Australia
Judgment Date
24 June 1955
Procedural Posture
Habeas Corpus Application / Determination of Application on Reference to Full High Court
Outcome
Applications for writs of habeas corpus refused
Legal Topics
Judicial Power Under Constitution, Parliamentary Privilege to Punish for Contempt, Constitution S. 49 and S. 50, Enforcement of Parliamentary Privilege, Separation of Powers
Constitutional Law Parliamentary Privileges Judicial Power Under Constitution Parliamentary Privilege to Punish for Contempt Constitution S. 49 and S. 50 Enforcement of Parliamentary Privilege Separation of Powers

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Summary, issues, holding and outcome

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Parties

The Queen

Respondent

Edward Richards

Respondent

Raymond Edward Fitzpatrick

Applicant

Frank Courtney Browne

Applicant

Procedural Posture

Habeas Corpus Application / Determination of Application on Reference to Full High Court

Legal Issues

  1. 1 Whether Parliament has power to judge and punish for contempt in the manner exercised in this case
  2. 2 Whether the Speaker's warrant for imprisonment is conclusive and precludes judicial examination
  3. 3 Whether s. 49 of the Constitution confers the full powers of the House of Commons, including power to judge and punish contempts, on Houses of Federal Parliament

Ratio Decidendi

Section 49 of the Constitution operates independently and confers on the Houses of Parliament all the privileges (including the privilege to judge and punish for contempt and the conclusiveness of Speaker's warrants) enjoyed by the House of Commons at the establishment of the Commonwealth, unless and until Parliament otherwise declares. The general structure or separation of powers principles do not justify a restrictive construction of s. 49. The warrants for Fitzpatrick and Browne are sufficient and conclusive; the courts cannot go behind them.

Court Disposition

Applications for writs of habeas corpus refused

Orders

  • Applications for habeas corpus refused
  • No order for release; applicants to remain in custody as committed