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Mr Maloney's quote comes from an article in the Cleveland [Ohio] State Law Review - a comment from a US jurisdiction rather than from the UK. In the UK there is Article 9, Bill of Rights 1689 - "the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament." See also Bradlaugh v Gossett [1884] QBD 271 per Lord Coleridge at 275 "What is said or done within the walls of Parliament cannot be inquired into in a court of law."

Courts in other jurisdictions may be able to consider and adjudicate on what happens in their legislatures (particularly where the state in question has a written constitution that the local courts have a role in interpreting) but this is not the case in the UK. And if the UK courts cannot adjudicate on what happens within the walls of the UK Parliament, then the doctrine of stare decisis cannot apply and no case law (on which the development of the common law here depends) can arise. I therefore remain of the view that the rules of Parliamentary procedure here are not "common law rules of procedure".

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