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30 May 2014 / Sir Geoffrey Bindman KC
Issue: 7608 / Categories: Features
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Putting our leaders on trial

Impeachment is not an effective weapon by which to hold our leaders to account, says Geoffrey Bindman QC

The resignation of a cabinet minister following allegations of misconduct is an unusual event. Does our constitution have the means to hold our leaders to account?. In the case of Maria Miller MP, resignation seemed to remove the pressure for any further action. Yet no one talked about impeachment. This is the historic process by which the House of Commons could procure the trial of a senior public servant or government minister for “high crimes and misdemeanours”. Is it still relevant?

The last impeachment in England, in 1805, was of Viscount Melville, William Pitt’s former Home Secretary Henry Dundas. He was acquitted of misappropriating public funds. But the great legal historian Holdsworth thought in the 20th century that impeachment “might still be a useful weapon in the armoury of the constitution because it embodies the sound principle that ministers and officials should be made criminally liable for corruption, gross negligence or other misfeasances in the

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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