Posted by Eugene Volokh:
Impeaching Blair?
[1]Iain Murray (Edge of England's Sword) has several posts on this; go
[2]here and scroll down, and also see [3]here.
I'm not sure I agree with the last post, which argues:
It occurs to me that impeachment may actually have been the subject
of implied repeal under the much-derided (by me among others), but
nevertheless law of the land, Human Rights Act 1998.
How does the impeachment process as described by the authors square
with these provisions?
[Article 6] In the determination of his civil rights and
obligations or of any criminal charge against him, everyone is
entitled to a fair and public hearing within a reasonable time by
an independent and impartial tribunal established by law.
How can their Lordships assembled be regarded as an "independent
and impartial tribunal"? And:
[Article 7] No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal
offence under national or international law at the time when it was
committed.
An undefined "High Crime / Misdemeanour" is patently contrary to
this article.
I know nothing about British law, but my instinct is that if an
impeachment -- even for a "High Crime" -- leads only to expulsion from
office, it's more akin to the firing of a high government official
(though a highly specialized sort of firing) than to a true criminal
conviction. It doesn't make much sense to have the same protections
for the accused there as when the accused is put in danger of prison,
death, or the other consequences of criminal convictions; the main
issue here is the welfare of the realm, not the interests of the
government official, who ought not be seen as having any property
interest in his position. And it would surprise me if English courts
interpret these provisions, which seem focused on true criminal
prosecutions or at least matters where the individual does have some
sort of personal right at stake, as applying to impeachment. But in
any event, Iain is the expert on English matters, and I'm not.
References
1. http://www.iainmurray.org/MT/
2. http://www.iainmurray.org/MT/archives/000880.html
3. http://www.iainmurray.org/MT/archives/000883.html
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