Official Code of Georgia Annotated/Title 28/Note

by Georgia General Assembly

JUDICIAL DECISIONS

LEGISLATIVE IMMUNITY. -- Members of General Assembly are entitled to immunity against harassment of any type of legal action against them in connection with acts done by them in a strictly official capacity. Village of N. Atlanta v. Cook, 219 Ga. 316, 133 S.E.2d 585 (1963); Saleem v. Snow, 217 Ga. App. 883, 460 S.E.2d 104 (1995). COURT NOT TO CONCERN ITSELF WITH LEGISLATIVE ACTION. -- Judiciary cannot modify, amend, or repeal legislative action, nor concern itself with the wisdom of it. That is a field in which only the legislature may work. Sirota v. Kay Homes, Inc., 208 Ga. 113, 65 S.E.2d 597 (1951). POLITICAL QUESTION IS NOT WITHIN JURISDICTION OF THE JUDICIARY. -- That the judiciary under the Constitution is wholly without jurisdiction to adjudicate a purely political question is not an open question. Also, it is the settled law of this state that actions of the General Assembly taken in virtue of a power conferred by the Constitution and in conforming with the provisions of the Constitution, are not subject to review by the courts. Thompson v. Talmadge, 201 Ga. 867, 41 S.E.2d 883 (1947).

Research References & Practice Aids

Cross References.

Election and term of members, Ga. Const. 1983, Art. III, Sec. II, Para. V. Legislative privileges and immunity, Ga. Const. 1983, Art. III, Sec. IV, Para. IX. Advertisement of notice to introduce local legislation, Ga. Const., 1983, Art. III, Sec. V, Para. IX. Exercise of powers, Ga. Const. 1983, Art. III, Sec. VI. Special sessions of the General Assembly, Ga. Const. 1983, Art. V, Sec. II, Para. VII. Rules of statutory construction, § 1-1-1 et seq. and § 1-3-1 et seq. Grounds for continuance of case applicable to members and staff of General Assembly, § 9-10-150. Legislator attending General Assembly excused as a witness, § 9-10-159. Exemption from jury duty for members of General Assembly, § 15-12-2. Date of election for offices, § 21-2-9. Vacancies and special elections for members of General Assembly, § 21-2-544. Reporting of contributions made to members of General Assembly during legislative session, § 21-5-35. Legislators' exemption from attending or testifying at hearing or trial during legislative session, § 24-13-29. Ongoing review of effectiveness of and continued need for regulatory agencies, § 43-2-1 et seq.

Am. Jur. 2D.

72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 52 et seq., 64 et seq.