ABSTRACT

This chapter outlines the justification for a possible role for impeachment within the United Kingdom’s contemporary constitution. It will consider how impeachment could serve a role in buttressing the existing political accountability mechanisms, which operate to regulate the conduct of ministers and ensure compliance with the accepted constitutional norms. Chapter 7 is intended to build upon the discussion in Chapter 6. This chapter will consider the rationale for modernising impeachment and for arguing that it should be part of the contemporary constitutional landscape of the United Kingdom. The rationale for the retention and modernisation of impeachment could be viewed as threefold. The first rationale for this is the role impeachment could play in enhancing accountability, specifically of the executive, and ensuring the effective regulation of executive power. The second rationale is the inherent legitimacy of the House of Commons in having such an oversight of the use of executive power and the ability of the House of Commons to impose tangible sanctions in the event that there has been serious misconduct through the abuse of this power. The third rationale is that impeachment would provide a role for the House of Commons as the guardian of the constitution and reinstate the House of Commons as the institution that should be able to determine the scope of, and compliance with, the constitution.