A modernised impeachment process could have a valuable role to play in the United Kingdom’s governance, according to a ¹ú²úÊÓƵ lecturer whose latest book explores the subject.
Dr Chris Monaghan, Principal Lecturer in Law at the ¹ú²úÊÓƵ, sets out how impeachment could serve a purpose in empowering the House of Commons to safeguard the constitution and also further holding power to account.
Impeachment is the act of bringing a charge (by Parliament or the legislature) against a high-ranking public official. What many people may not know is that impeachment is not a purely American phenomenon and the mechanisms to use it still exist in UK constitution. In fact, it has historically been used in the UK, though the last case was back in 1806.
Dr Monaghan’s book Accountability, Impeachment, and the Constitution: The Case for a Modernised Process in the United Kingdom seeks to provide a balanced and independent examination of the case for a modernised impeachment process. He examines the present law and the history of impeachment in the UK. Dr Monaghan uses a number of case studies from UK history, but also the USA and Denmark. In terms of the UK, he looked at the use of impeachment during the reign of James I, the political use of impeachment during the reigns of Queen Anne and George I, and a number of notable impeachment trials. He concludes that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. The book goes on to set out a detailed model for the structure, working and effect of impeachment.
Dr Monaghan said: “I wanted to explore the topic of impeachment and the constitution as I have a longstanding interest in the accountability of the executive and the operation of political and legal accountability mechanisms. Impeachment is arguably less well known here in the UK than in US, because the last impeachment took place in 1806 and the American use of impeachment, as in the two impeachment trials of former president Donald Trump, has generated considerable media attention.
“I argue in my book that there is a case for modernising impeachment and that it could serve a purpose in empowering the House of Commons to safeguard the constitution and place an additional check on the power of the executive. I set out the case for how impeachment would work, what the new procedure would look like, and why impeachment should only be used against current and previous members of the government.”
The book is available from publisher and major book retailers.