Europe -- Politics and government; Political science
*136. Judicial Powers: Impeachment and Attainder.*--The functions of a
judicial character which, in the capacity of the High Court of
Parliament, the two chambers fulfill are of secondary importance and
do not call for extended discussion. So far as the law of the subject
goes, they comprise (1) the powers possessed by each of the houses to
deal with the constitution and conduct of its own membership; (2) the
power of the Lords to try their own members when charged with treason
or felony; (3) the jurisdiction of the Lords in the capacity of a
final court of appeal for the United Kingdom; (4) the power of the two
houses, acting jointly, to carry through impeachments of public
officers and to enact bills of attainder; and (5) the effecting of the
removal of certain kinds of public officers through the agency of an
address from both houses to the crown. In days when the king and the
ministers were disposed to defy the law and to evade responsibility
the power of impeachment by the Commons at the bar of the Lords,
originated as early as the reign of Edward III., was of the utmost
importance. When, however, the House of Commons progressed in
competence to the point where it was able to review and control the
conduct of ministers with such thoroughness and continuity as to make
it impossible for them to conduct business without a parliamentary
majority, impeachment lost its value and fell into disuse. The last
occasion upon which impeachment proceedings were instituted was in
1805.[189] Procedure by bill of attainder, arising from the
legislative omnipotence of Parliament and following the ordinary
course of legislation, is also obsolete.
[Footnote 189: Anson, Law and Custom of the
Constitution, I., 362-366; Moran, English
Government, 327-332.]
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