The Nature and Purpose of Political Judgment in Europe

Key Insight

In European nations like England and France, political judgment refers to a decision made by a political body temporarily granted judicial authority. The House of Lords in England and the Chambre des Pairs in France serve as high criminal courts for political offenses, possessing competence to try such cases. While the right to accuse rests with another political entity—the House of Commons in England, which can impeach any individual, or deputies in France, who are restricted to impeaching ministers—both upper chambers are empowered to apply any law from the penal code to offenders.

The primary aim of political judgment in Europe is to target and punish significant criminals regardless of their birth, rank, or state power. This system temporarily endows a major political body with all judicial prerogatives, effectively transforming legislators into magistrates. Such bodies are capable of establishing the existence of a crime, conducting trials, and imposing punishments, while being bound by all legal formalities. In this context, removal from office and banishment from politics are considered consequences of the judgment, rather than its core content, fundamentally categorizing it as a judicial act rather than an administrative measure.

European political judgment is conceived as an exceptional weapon, reserved for critical moments of national peril. It directly infringes upon the conservative principle of the division of powers and poses a constant threat to individual life and liberty, affecting all citizens. Despite the formidable powers these tribunals possess, their extreme severity can be a hindrance; the fear of imposing excessive punishment may lead to a reluctance to punish at all, thus reducing their practical effectiveness in some cases.