Impeachment in the United Kingdom in the context of "Judicial functions of the House of Lords"

⭐ In the context of judicial functions of the House of Lords, impeachment in the United Kingdom was historically considered…

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⭐ Core Definition: Impeachment in the United Kingdom

Impeachment is a process in which the Parliament of the United Kingdom may prosecute and try individuals, normally holders of public office, for high treason or other high crimes and misdemeanours. First used to try William Latimer, 4th Baron Latimer, during the English Good Parliament of 1376, it was a rare mechanism whereby Parliament was able to arrest and depose ministers of the Crown. The last impeachment was that of Henry Dundas, 1st Viscount Melville, in 1806; since then, other forms of democratic scrutiny (such as the doctrine of collective cabinet responsibility and the recalling of members of Parliament) have been favoured, and impeachment has been considered as an obsolete—but still extant—power of Parliament.

This is in contrast to several other countries, where impeachment developed into a means to try officeholders for various misdeeds and has become a common process to the present day.

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👉 Impeachment in the United Kingdom in the context of Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. The Appellate Jurisdiction Act 1876 devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges.

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Impeachment in the United Kingdom in the context of Impeachment of Warren Hastings

The impeachment of Warren Hastings, the first governor-general of the Bengal Presidency in India, was attempted between 1787 and 1795 in the Parliament of Great Britain. Hastings was accused of misconduct during his time in Calcutta, particularly relating to mismanagement and personal corruption. The impeachment prosecution was led by Edmund Burke and became a wider debate about the role of the East India Company and the expanding empire in India. According to historian Mithi Mukherjee, the impeachment trial became the site of a debate between two radically opposed visions of empire—one represented by Hastings, based on ideas of absolute power and conquest in pursuit of the exclusive national interests of the colonizer, versus one represented by Burke, of sovereignty based on a recognition of the rights of the colonized.

The trial did not sit continuously and the case dragged on for seven years. When the eventual verdict was given, Hastings was overwhelmingly acquitted. It has been described as "probably the British Isles' most famous, certainly the longest, political trial".

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