Accountability, Impeachment and the Constitution: The Case for a Modernised Process in the United Kingdom

255 Pages·2022·8.766 MB·English

by  Chris Monaghan

“At a time when the ‘good chaps theory of government’ seems to be failing British
democracy, Chris Monaghan’s Accountability, Impeachment and the Constitution
charts a radical new reform agenda. Evidence-based, provocative and incredibly
timely . . . this is the book that could really shape the future of British politics.”
– Matthew Flinders, University of Shefeld, United Kingdom
“An outstanding work on a much talked-about constitutional device that
originated in Britain where it is now defunct, but famously continues to operate
in the United States. Chris Monaghan makes a powerful case for a revived
and reformed impeachment procedure at Westminster, designed to strengthen
ministerial responsibility to Parliament and – at a time when judicial review is
under threat – buttress the political forms of control and redress over the abuse
of executive power and unconstitutional conduct.”
– Robert Blackburn, King’s College London, United Kingdom
“In Britain, impeachment is generally regarded as obsolete. Chris Monaghan
seeks, however, to show that it can be a powerful weapon in strengthening
governmental accountability. His book is both analytical and securely based on
comparative evidence. It is also original and provocative and should be read by
anyone interested in British government.”
– Vernon Bogdanor, King’s College London, United Kingdom

Accountability, Impeachment
and the Constitution
This book sets out and explores the case for a modernised impeachment process
for the United Kingdom.
The work examines the present law and history of impeachment in the United
Kingdom, which today is widely regarded as having fallen into desuetude and its
procedures inappropriate for modern conditions. It discusses how impeachment
operates in two countries, the United States and Denmark, selected respectively
for their marked diferences from and similarities to the United Kingdom’s
political and constitutional system, for the purposes of illumination and possible
lessons for a new impeachment process. The book seeks to provide a balanced
and independent examination of the case for this, concluding that it would have
a valuable role to play in the future development of the United Kingdom’s system
of politics and government. It concludes by setting out a detailed model for the
structure, working and efect of impeachment.
The book will be of interest to students, academics and policy-makers working
in the areas of constitutional law and politics.
Chris Monaghan is a principal lecturer in law at the University of Worcester and
holds a PhD from the Dickson Poon School of Law at King’s College London.
He has published widely on aspects of public law.
Routledge Frontiers in Accountability Studies
Series Editors:
Matthew Flinders; University of Shefeld, UK.
Chris Monaghan; University of Worcester, UK.
Ellen Rock; University of Technology, Sydney, Australia.
Thomas Schillemans; Utrecht University School of Governance,
the Netherlands.
Routledge Frontiers in Accountability Studies series promotes state-of-the-art
analyses that refect and interrogate the shifting accountability landscape from a
range of perspectives.
The series welcomes proposals for monographs, edited collections and shorter
works by established and early-career academics from a range of disciplines that span
the arts, humanities and social sciences. Inter-disciplinary studies are particularly
encouraged, as are approaches that seek to challenge dominant frameworks of
‘self-evident’ truths. The series is designed for a global audience, welcoming
contributions that address national, comparative and international issues.
Editorial Advisory Board:
Robert Blackburn QC – King’s College London, UK
Cheryl Saunders – University of Melbourne, Australia
Graham Gee – University of Shefeld, UK
Mark Bovens – Utrecht University, Netherlands
Richard Mulgan – Australian National University, Australia
Yoav Dotan – Hebrew University of Jerusalem, Israel
AJ Brown – Grifth University, Australia
Robin Creyke – Australian National University, Australia
Charles Fombad – University of Pretoria, South Africa
Peter Cane – University of Cambridge, UK
Richard Albert – University of Texas, USA
Aníbal Pérez-Liñán – University of Notre Dame, USA
Se-Shauna Wheatle – University of Durham, UK
Aida Torres Pérez – Pompeu Fabra University, Spain
Philip E. Tetlock – University of Pennsylvania, United States
Christel Koop – King’s College London, United Kingdom
Yannis Papadopoulos – University of Lausanne, Switzerland
Kaifeng Yang – Florida State University, US, and Renmin University, China
Madalina Busuioc – Leiden University, the Netherlands
Barbara Romzek – American University, Washington DC, US
Wouter van Dooren – Antwerp University, Belgium
Janet McLean – University of Auckland, Australia
Margit Cohn – the Hebrew University of Jerusalem, Israel
Carol Harlow – London School of Economics, UK
Melvin Dubnick – University of New Hampshire, USA (Emeritus)
Other titles in this series:
For more information about this series, please visit: www.routledge.com

Accountability, Impeachment
and the Constitution
The Case for a Modernised Process
in the United Kingdom
Chris Monaghan
First published 2022
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2022 Chris Monaghan
The right of Chris Monaghan to be identifed as author of this work
has been asserted in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identifcation and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-032-21581-5 (hbk)
ISBN: 978-1-032-21584-6 (pbk)
ISBN: 978-1-003-26905-2 (ebk)
DOI: 10.4324/9781003269052
Typeset in Galliard
by Apex CoVantage, LLC
Contents
Table of cases xi
Table of primary legislation xiii
Preface xviii
1 Introduction 1
PART ONE
Foundations and use of impeachment 17
2 The history and politics of impeachment 19
3 Comparative case study I: United States 60
4 Comparative case study II: Denmark 97
PART TWO
UK Constitution and accountability 117
5 Executive accountability in the United Kingdom 119
6 The existing political accountability mechanisms 132
PART THREE
A case for impeachment 149
7 A justifcation for a possible role for impeachment
within the UK system 151
8 Reinvigorating impeachment 163