Can You Be Impeached and Be Re Elected

Process for charging a public official with legal offenses by the legislature(s)

This article is about the procedure of charging a public official. For challenging a witness in a legal proceeding, see Witness impeachment.

Brazilian president Dilma Rousseff (left) and Due south Korean president Park Geun-Hye (right) were both impeached and removed from role in 2016.

Impeachment is the process by which a legislative trunk or other legally constituted tribunal initiates charges confronting a public official for misconduct.^{[1] [2]} It may exist understood equally a unique procedure involving both political and legal elements.^{[3] [four] [5]}

In Europe and Latin America impeachment tends to be bars to ministerial officials^[vi] as the unique nature of their positions may place ministers beyond the reach of the constabulary to prosecute, or their misconduct is not codified into law equally an offense except through the unique expectations of their loftier function. Both "peers and commoners" accept been subject to the procedure all the same.^[7] From 1990 to 2022 at that place take been at least 272 impeachment charges confronting 132 different heads of state in 63 countries.^[8] Most democracies (with the notable exception of the United states) involve the courts (often a national ramble court) in some way.^{[9] [1]}

In Latin America, which includes nigh 40% of the globe's presidential systems, 10 presidents from 6 countries were removed from role past their national legislatures via impeachments or declarations of incapacity between 1978 and 2019.^[10]

National legislations differ regarding both the consequences and definition of impeachment, but the intent is nigh always to expeditiously vacate the office. In most nations the process begins in the lower house of a bicameral assembly who bring charges of misconduct, then the upper house administers a trial and sentencing.^{[half dozen]} Most commonly, an official is considered impeached after the house votes to accept the charges, and impeachment itself does non remove the official from part.^[6]

Considering impeachment involves a departure from the normal ramble procedures by which individuals reach high function (ballot, ratification, or appointment) and because information technology by and large requires a supermajority, they are usually reserved for those deemed to accept committed serious abuses of their office.^[eleven] In the United States, for example, impeachment at the federal level is express to those who may have committed "Treason, Bribery, or other loftier crimes and misdemeanors"—the latter phrase referring to offenses against the government or the constitution, grave abuses of ability, violations of the public trust, or other political crimes, even if not indictable criminal offenses.^{[four] [12]} Nether the United States Constitution, the House of Representatives has the sole ability of impeachments while the Senate has the sole power to try impeachments (i.e., to behave or captive); the validity of an impeachment trial is a political question that is nonjusticiable (i.east.., is non reviewable past the courts).^[xiii] In the United States, impeachment is a remedial rather than penal process,^{[thirteen] [14] : 8} intended to "effectively 'maintain constitutional government' by removing individuals unfit for office";^{[14] : 8} persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Penalization, according to Law."^[xiv]

Impeachment is provided for in the ramble laws of many countries including Brazil, French republic, Republic of india, Ireland, the Philippines, Russian federation, Due south Korea, and the United States. Information technology is distinct from the movement of no conviction procedure bachelor some countries whereby a motility of censure can be used to remove a regime and its ministers from office. Such a process is non applicative in countries with presidential forms of government like the United States.^[15]

Etymology and history [edit]

The word "impeachment" likely derives from Old French empeechier from Latin word impedīre expressing the idea of communicable or ensnaring by the 'foot' (pes, pedis), and has analogues in the modern French verb empêcher (to preclude) and the modern English language impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to assault).

The process was first used by the English language "Good Parliament" confronting William Latimer, 4th Baron Latimer in the 2d half of the 14th century. Following the English example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment machinery, but they restricted the punishment to removal of the official from office.

In West Africa, Kings of the Ashanti Empire who violated any of the oaths taken during his or her enstoolment, were destooled past Kingmakers.^[sixteen] For example, if a king punished citizens arbitrarily or was exposed to be corrupt, he would be destooled. Destoolment entailed Kingmakers removing the sandals of the king and bumping his buttocks on the basis 3 times. Once destooled from part, his sanctity and thus reverence are lost equally he cannot exercise any powers he had as king; this includes Master ambassador, Judge, and Military Commander. The now previous king is disposed of the Stool, swords and other regalia which symbolize his office and authorisation. He too loses the position as custodian of the land. However, despite being destooled from function, the king remains a member of the Purple Family from which he was elected.^[16]

In various jurisdictions [edit]

Brazil [edit]

In Brazil, every bit in about other Latin American countries, "impeachment" refers to the definitive removal from part. The president of Brazil may be provisionally removed from role by the Bedchamber of Deputies and then tried and definitely removed from office by the Federal Senate. The Brazilian Constitution requires that ii-thirds of the Deputies vote in favor of the opening of the impeachment process of the President and that 2-thirds of the Senators vote for impeachment. Country governors and municipal mayors can likewise be impeached past the respective legislative bodies. Article two of Police nº 1.079, from 10 April 1950, or "The Law of Impeachment," states that "The crimes divers in this law, fifty-fifty when simply attempted, are discipline to the penalty of loss of office, with disqualification for up to 5 years for the exercise of any public function, to be imposed by the Federal Senate in proceedings against the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General."

Initiation: An accusation of a responsibility crime against the President may be brought by whatever Brazilian denizen even so the President of the Chamber of Deputies holds prerogative to accept the accuse, which if accepted volition exist read at the next session and reported to the President of the Republic.

Extraordinary Commission: An boggling committee is elected with fellow member representation from each political party proportional to that party's membership. The President is and then allowed ten parliamentary sessions for defense, which lead to two legislative sessions to course a rapporteur's legal opinion equally to if impeachment proceedings will or volition not commence in the Senate. The rapporteur's opinion is voted on in the lower house; and on a simple majority information technology is accepted, failing that, the Committee accepts an stance produced past the bulk. instance, if the rapporteur'due south opinion is that no impeachment is warranted, and the Committee vote fails to accept it, and so the Committee adopts the opinion to go on with impeachment. Likewise, if the rapporteur'south stance is to proceed with impeachment, and the Committee vote fails, then the Committee adopts the opinion non to impeach. If the vote succeeds, then the rapporteur's stance is and then adopted.

Sleeping accommodation of Deputies: The Bedchamber issues a call-out vote to have the stance of the committee, requiring either a supermajority in favor of an impeachment opinion, or a supermajority against a dismissal stance to authorize the Senate impeachment proceedings.

The Senate: The process in the Senate had been historically lacking in procedural guidance until 1992, when the Federal Senate published in the Official Diary of the Union the stride-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with fourth dimension constraints imposed on the steps taken. The commission'due south opinion must exist presented within x days, after which information technology is put to a call-out vote at the next session. The vote must keep inside a single session; the vote on President Rousseff endured for over xx hours. A elementary majority vote in the Senate begins formal deliberation on the complaint, suspends the President from office, installs the Vice President equally interim president, and begins a 20-day period for written defense force equally well equally 180-days for a trial. Failing that, the case is closed

Senate plenary deliberation: The committee interrogates the defendant or their counsel, from which they have a right to abstain, and too a probative session which guarantees the accused rights to contradiction, or audiatur et altera pars, allowing access to the courts and due process of police force under Article v of the constitution. The accused has 15 days to nowadays written arguments in defense and answer to the testify gathered, and and so the commission shall consequence an stance on the claim within ten days. The entire packet is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a elementary majority and shut the example otherwise.

Senate trial: A hearing for the complainant and the defendant convenes inside 48 hours of notification from deliberation, from which a trial is scheduled past the president of the Supreme Court no less than ten days afterward the hearing. The senators sit equally judges as witnesses are interrogated and cantankerous-examined; all questions must exist presented to the president of the Supreme Court, who presides over the trial. The president of the Supreme Courtroom allots time for debate and rebuttal, afterwards which time the parties leave the sleeping room and the senate deliberates on indictment. The President of the Supreme Courtroom reads the summary of the grounds, the charges, the defense and the evidence to the Senate, who each in plough outcome their sentence. On indictment by a supermajority, the president of the Supreme Courtroom pronounces the sentence and the accused is immediately notified. This concludes the proceeding if the accused was not already acquitted.

Upon conviction, the officeholder has their political rights revoked for viii years—which bars them from running for any office during that fourth dimension.^[17]

Fernando Collor de Mello, the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to testify of bribery and misappropriation.

In 2016, the Bedroom of Deputies initiated an impeachment case against President Dilma Rousseff on allegations of monetary mismanagement.^[18] On 12 May 2016, after 20 hours of deliberation, the admissibility of the responsibility offense accusation was approved past the Senate with 55 votes in favor and 22 confronting, and Vice President Michel Temer was notified to assume the duties of the President pending trial. On August 31, 61 senators voted in favor of impeachment and 20 voting against it, achieving the 2/iii majority needed for Rousseff'southward removal.The vote to disqualify her for five years failed having simply 42 years.^[17]

Croatia [edit]

The process of impeaching the president of Croatia can be initiated by a two-thirds majority vote in favor in the Sabor and is thereafter referred to the Constitutional Courtroom, which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from part. This has never occurred in the history of the Democracy of Republic of croatia. In case of a successful impeachment motion a president's ramble term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the speaker of the Croatian Parliament in his/her capacity as Acting President of the Republic.^[xix]

Czechia [edit]

In 2013, the constitution was changed. Since 2013, the process tin be started by at least three-fifths of nowadays senators, and must be approved by at to the lowest degree iii-fifths of all members of the Chamber of Deputies. As well, the President tin be impeached for loftier treason (newly defined in the Constitution) or whatever serious infringement of the Constitution.^[20]

The process starts in the Senate of the Czech republic which has the right to only impeach the president, and the Senate passes the instance to the Constitutional Courtroom of the Czech Republic, which has to decide the verdict confronting the president. If the Courtroom finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Commonwealth once more.^[21]

No Czech president has ever been impeached, though members of the Senate sought to impeach President Václav Klaus in 2013.^[22] This case was dismissed by the court, which reasoned that his mandate had expired.^[23]

Denmark [edit]

In Denmark the possibility for current and former ministers being impeached was established with the Danish Constitution of 1849. Unlike many other countries Kingdom of denmark does not have a Constitutional Courtroom who would normally handle these types of cases. Instead Denmark has a special Court of Impeachment (In Danish: Rigsretten) which is chosen upon every fourth dimension a electric current and one-time government minister have been impeached. The role of the Impeachment Court is to procedure and deliver judgments confronting electric current and onetime ministers who are defendant of unlawful conduct in office. The legal content of ministerial responsibility is laid down in the Ministerial Accountability Human activity which has its background in section 13 of the Danish Constitution, co-ordinate to which the ministers' accountability is adamant in more detail by constabulary. In Denmark the normal practice in terms of impeachment cases is that information technology needs to be brought up in the Danish Parliament (Folketing) kickoff for debate between the different members and parties in the parliament. After the fence the members of the Danish Parliament vote on whether a electric current or former government minister needs to be impeached. If in that location is a bulk in the Danish Parliament for an impeachment case against a current or former minister, an Impeachment Court is called into session. In Denmark the Impeachment Court consists of up to xv Supreme Courtroom judges and fifteen parliament members appointed past the Danish Parliament. The members of the Impeachment Courtroom in Denmark serve a six-year term in this position.^[24]

In 1995 the one-time Minister of Justice Erik Ninn-Hansen from the Conservative People'south Party was impeached in connection with the Tamil Instance. The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka were put on agree in violation of Danish and International law. On 22 June 1995, Ninn-Hansen was found guilty of violating paragraph five subsection one of the Danish Ministerial Responsibility Human action which says: A minister is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for one-time Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was fabricated suspended was especially in relation to Ninn-Hansen'southward personal circumstances, in particular, his health and age - Ninn-Hansen was 73 years old when the sentence was handed downward. Later on the verdict, Ninn-Hansen complained to the European Court of Homo Rights and complained, amongst other things, that the Court of Impeachment was non impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As a direct result and consequence of this case, the Conservative-led government and Prime number Government minister at that fourth dimension Poul Schlüter was forced to step downwardly from ability. ^{[25] [26]}

In February 2022 the old Government minister for Immigration and Integration Inger Støjberg at that time member of the Danish Liberal Party Venstre was impeached when it was discovered that she had possibly against both Danish and International constabulary tried to separate couples in refugee centres in Denmark, equally the wives of the couples were nether legal age. According to a commission report Inger Støjberg had as well lied in the Danish Parliament and failed to report relevant details to the Parliamentary Ombudsman^[27] The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141-30 vote and determination (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On xiii December 2022 old Minister for Clearing and Integration Inger Støjberg was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison house.^[28] The majority of the judges in the special Court of Impeachment (25 out of 26 judges) establish that information technology had been proven that Inger Støjberg on 10 February 2022 decided that an accommodation scheme should apply without the possibility of exceptions, and then that all asylum-seeking spouses and cohabiting couples where 1 was a small-scale aged fifteen-17, had to be separated and accommodated separately in dissever asylum centers.^[29] On 21 Dec, a majority in the Folketing voted that the judgement means that she is no longer worthy of sitting in the Folketing and she therefore immediately lost her seat.^[thirty]

French republic [edit]

In France the comparable procedure is chosen destitution. The president of French republic can be impeached by the French Parliament for willfully violating the Constitution or the national laws. The process of impeachment is written in the 68th commodity of the French Constitution.^[31] A grouping of senators or a group of members of the National Associates can begin the process. Then, both the National Assembly and the Senate must acknowledge the impeachment. After the upper and lower houses' understanding, they unite to course the High Court. Finally, the High Courtroom must decide to declare the impeachment of the president of France—or non.

Germany [edit]

The federal president of Germany can be impeached both by the Bundestag and by the Bundesrat for willfully violating federal police force. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from function. The Federal Constitutional Court also has the ability to remove federal judges from part for willfully violating core principles of the federal constitution or a state constitution. The impeachment process is regulated in Article 61 of the Basic Law for the Frg.

At that place is no formal impeachment process for the chancellor of Germany, however the Bundestag tin can replace the chancellor at any time by voting for a new chancellor (constructive vote of no confidence, Commodity 67 of the Basic Law).

There has never been an impeachment against the President so far. Constructive votes of no confidence against the chancellor occurred in 1972 and 1982, with only the 2nd one existence successful.

Hong Kong [edit]

The primary executive of Hong Kong can be impeached past the Legislative Council. A motion for investigation, initiated jointly past at least 1-fourth of all the legislators charging the Primary Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first exist passed by the council. An independent investigation committee, chaired by the primary justice of the Court of Final Appeal, will then bear out the investigation and report dorsum to the council. If the Quango find the evidence sufficient to substantiate the charges, it may pass a motility of impeachment past a two-thirds majority.^{[32] : Article 73(ix)}

However, the Legislative Council does not have the power to actually remove the chief executive from office, as the primary executive is appointed past the Key People's Government (Land Council of Mainland china). The quango can only report the upshot to the Central People's Government for its decision.^{[32] : Commodity 45}

Hungary [edit]

Commodity thirteen of Hungary'south Fundamental Police (constitution) provides for the process of impeaching and removing the president. The president enjoys immunity from criminal prosecution while in office, but may be charged with crimes committed during his term afterward. Should the president violate the constitution while discharging his duties or commit a willful criminal criminal offense, he may be removed from part. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the land'south unicameral Parliament. Parliament votes on the proposal by clandestine ballot, and if two thirds of all representatives concord, the president is impeached. Once impeached, the president's powers are suspended, and the Constitutional Courtroom decides whether or not the President should be removed from office.^{[33] [34]}

Bharat [edit]

The president and judges, including the master justice of the supreme court and loftier courts, can be impeached past the parliament before the decease of the term for violation of the Constitution. Other than impeachment, no other penalty can exist given to a president in position for the violation of the Constitution under Commodity 361 of the constitution. However a president after his/her term/removal can exist punished for his already proven unlawful action under disrespecting the constitution, etc.^[35] No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot exist charged and needs to step downwards in club for that to happen.

Republic of ireland [edit]

In the Commonwealth of Ireland formal impeachment applies only to the Irish president. Commodity 12 of the Irish Constitution provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the president can be removed from function only past the houses of the Oireachtas (parliament) and just for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, merely only by a resolution approved by a bulk of at least two thirds of its total number of members; and a firm may non consider a proposal for impeachment unless requested to practice so by at least xxx of its number.

Where i firm impeaches the president, the remaining house either investigates the charge or commissions another trunk or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds bulk of its members, both that the president is guilty of the accuse and that the charge is sufficiently serious every bit to warrant the president's removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered of import, and so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.

Italia [edit]

In Italian republic, according to Commodity 90 of the Constitution, the President of Italy can exist impeached through a bulk vote of the Parliament in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the president of the Republic is then tried by the Constitutional Court integrated with 16 citizens older than forty chosen by lot from a list compiled by the Parliament every nine years.

Italian printing and political forces made utilize of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents Francesco Cossiga (1991),^{[36] [ meliorate source needed ]} Giorgio Napolitano (2014)^{[37] [ improve source needed ]} and Sergio Mattarella (2018).^{[38] [ better source needed ]}

Nippon [edit]

Past Commodity 78 of the Constitution of Japan, judges tin can be impeached.^[39] The voting method is specified by laws. The National Diet has two organs and they are 裁判官訴追委員会(Saibankan sotsui iinkai) and 裁判官弾劾裁判所(Saibankan dangai saibansho), which is established by Article 64 of the Constitution.^[40] The one-time has a role like to prosecutor and the latter is analogous to Court. Seven judges were removed by them.

Liechtenstein [edit]

Members of the Liechtenstein Government can be impeached before the Country Court for breaches of the Constitution or of other laws.^{[41] : Article 62} As a hereditary monarchy the Sovereign Prince tin non exist impeached as he "is not subject area to the jurisdiction of the courts and does non accept legal responsibleness".^{[41] : Commodity seven} The same is true of any member of the Princely House who exercises the office of head of country should the Prince be temporarily prevented or in preparation for the Succession.^{[41] : Commodity 7}

Lithuania [edit]

In the Republic of Republic of lithuania, the president may exist impeached past a three-fifths majority in the Seimas.^[42] President Rolandas Paksas was removed from office by impeachment on 6 Apr 2004 after the Constitutional Court of Republic of lithuania found him guilty of having violated his oath and the constitution. He was the starting time European head of country to have been impeached.^[43]

Norway [edit]

Members of government, representatives of the national assembly (Stortinget) and Supreme Court judges can be impeached for criminal offenses tied to their duties and committed in role, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled later on the U.Southward. rules and are quite similar to them. Impeachment has been used viii times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude. In cases of impeachment, an appointed court (Riksrett) takes issue.

Philippines [edit]

Impeachment in the Philippines follows procedures similar to the U.s.a.. Nether Sections2 and 3, Article Xi, Constitution of the Philippines, the House of Representatives of the Philippines has the sectional power to initiate all cases of impeachment confronting the president, vice president, members of the Supreme Court, members of the Constitutional Commissions (Committee on Elections, Civil Service Commission and the Committee on Inspect), and the ombudsman. When a third of its membership has endorsed the impeachment articles, it is and so transmitted to the Senate of the Philippines which tries and make up one's mind, as impeachment tribunal, the impeachment instance.^[44]

A main difference from U.S. proceedings however is that merely one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those nowadays and voting in their U.S. analogue). In the Senate, selected members of the House of Representatives act as the prosecutors and the senators act as judges with the Senate president presiding over the proceedings (the chief justice jointly presides with the Senate president if the president is on trial). Like the United states of america, to convict the official in question requires that a minimum of two thirds (i.e. sixteen of 24 members) of all the members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases tin can exist filed against that impeachable official for at to the lowest degree one total year.

Impeachment proceedings and attempts [edit]

President Joseph Estrada was the first official impeached by the House in 2000, but the trial concluded prematurely due to outrage over a vote to open an envelope where that move was narrowly defeated by his allies. Estrada was deposed days afterward during the 2001 EDSA Revolution.

In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President Gloria Macapagal Arroyo, but none of the cases reached the required endorsement of 1⁄3 of the members for transmittal to, and trial past, the Senate.

In March 2011, the Business firm of Representatives impeached Ombudsman Merceditas Gutierrez, becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate'south convening equally an impeachment courtroom.

In Dec 2011, in what was described every bit "blitzkrieg style", 188 of the 285 members of the House of Representatives voted to transmit the 56-page Articles of Impeachment against Supreme Court chief justice Renato Corona.

To date, three officials had been successfully impeached by the Business firm of Representatives, and ii were not convicted. The latter, Principal Justice Renato C. Corona, was convicted on 29 May 2012, by the Senate under Article Two of the Articles of Impeachment (for betraying public trust), with xx–iii votes from the Senator Judges.

Peru [edit]

The first impeachment process against Pedro Pablo Kuczynski, then the incumbent President of Peru since 2016, was initiated by the Congress of Peru on fifteen Dec 2017. Co-ordinate to Luis Galarreta, the President of the Congress, the whole process of impeachment could have taken equally little as a week to complete.^[45] This event was part of the second stage of the political crisis generated by the confrontation between the Government of Pedro Pablo Kuczynski and the Congress, in which the opposition Popular Force has an absolute majority. The impeachment request was rejected by the congress on 21 December 2017, for failing to obtain sufficient votes for the deposition.^[46]

Romania [edit]

The president tin be impeached by Parliament and is and so suspended. A plebiscite then follows to determine whether the suspended President should be removed from office. President Traian Băsescu was impeached twice by the Parliament: in 2007 and then once more in July 2012. A plebiscite was held on xix May 2007 and a big majority of the electorate voted confronting removing the president from office. For the most recent break a referendum was held on July 29, 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout.^{[47] [ round reference ]}

Russian federation [edit]

Boris Yeltsin, as president of Russian federation, survived several impeachment attempts

In 1999, members of the State Duma of Russia, led by the Communist Party of the Russia, unsuccessfully attempted to impeach President Boris Yeltsin on charges relating to his function in the 1993 Russian constitutional crisis and launching the First Chechen War (1995–96); efforts to launch impeachment proceedings failed.^{[48] [49] [50]}

Singapore [edit]

The Constitution of Singapore allows the impeachment of a sitting president on charges of treason, violation of the Constitution, corruption, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as president. The prime government minister or at least i-quarter of all members of Parliament (MPs) can pass an impeachment motion, which tin can succeed only if at least one-half of all MPs (excluding nominated members) vote in favor, whereupon the main justice of the Supreme Court will appoint a tribunal to investigate allegations confronting the president. If the tribunal finds the president guilty, or otherwise declares that the president is "permanently incapable of discharging the functions of his office by reason of mental or concrete infirmity", Parliament will hold a vote on a resolution to remove the president from role, which requires a 3-quarters bulk to succeed.^[51] No president has ever been removed from office in this fashion.

Southward Africa [edit]

When the Wedlock of South Africa was established in 1910, the but officials who could exist impeached (though the term itself was non used) were the master justice and judges of the Supreme Court of S Africa. The scope was broadened when the country became a commonwealth in 1961, to include the country president. It was further broadened in 1981 to include the new office of vice state president; and in 1994 to include the executive deputy presidents, the public protector and the Accountant-General. Since 1997, members of certain commissions established by the Constitution tin besides exist impeached. The grounds for impeachment, and the procedures to be followed, take inverse several times over the years.

South Korea [edit]

According to the Article 65 Clause 1 of Constitution of South Korea, if President, Prime Minister, or other state council members including Supreme Court and Constitutional court members, violate the Constitution or other laws of official duty, the National Assembly can impeach them. Clause2 states the impeachment bill may be proposed by one third or more of the total members of the National Assembly, and shall require majority voting and canonical by two thirds or more of the total members of the National Assembly. This article also states that any person against whom a motion for impeachment has been passed shall be suspended from exercising his ability until the impeachment has been adjudicated and shall not extend further than removal from public function, provided that it shall non exempt the person impeached from civil or criminal liability.

2 presidents have been impeached since the establishing of the Republic of Korea in 1948. Roh Moo-hyun in 2004 was impeached by the National Assembly simply was overturned by the Constitutional Court. Park Geun-hye in 2022 was impeached by the National Assembly, and the impeachment was confirmed by the Ramble Court on March x, 2017.^{[52] [53]}

In February 2021, Judge Lim Seong-geun of the Busan Loftier Court was impeached by the National Assembly for meddling in politically sensitive trials, the first always impeachment of a gauge in Korean history. Unlike presidential impeachments, simply a simple bulk is required to impeach.^[54]

Turkey [edit]

In Turkey, according to the Constitution, the Grand National Assembly may initiate an investigation of the president, the vice president or whatsoever member of the Chiffonier upon the proposal of elementary majority of its full members, and within a catamenia less than a month, the approving of three-fifths of the full members.^[55] The investigation would exist carried out by a commission of fifteen members of the Assembly, each nominated by the political parties in proportion to their representation therein. The committee would submit its written report indicating the outcome of the investigation to the speaker within 2 months. If the investigation is not completed within this period, the commission's time may be renewed for another month. Within ten days of its submission to the speaker, the report would be distributed to all members of the Assembly, and ten days afterward its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the full number of the Associates by hush-hush vote, the person or persons, about whom the investigation was conducted, may exist tried earlier the Constitutional Court. The trial would be finalized inside iii months, and if not, a 1-time boosted period of three months shall be granted. The president, about whom an investigation has been initiated, may non call for an ballot. The president, who is convicted by the Court, would exist removed from office.

The provision of this commodity shall also utilise to the offenses for which the president allegedly worked during his term of office.

Ukraine [edit]

During the crisis which started in Nov 2013, the increasing political stress of the face-downwards between the protestors occupying Independence Square in Kyiv and the State Security forces under the control of President Yanukovych led to deadly armed force existence used on the protestors. Following the negotiated render of Kyiv's City Hall on 16 Feb 2014, occupied by the protesters since November 2013, the security forces thought they could likewise retake "Maidan", Independence Square. The ensuing fighting from 17 through 21 February 2014 resulted in a considerable number of deaths and a more generalised alienation of the population, and the withdrawal of President Yanukovych to his back up area in the East of Ukraine.

In the wake of the president's deviation, Parliament convened on 22 Feb; it reinstated the 2004 Constitution, which reduced presidential authority, and voted impeachment of President Yanukovych as de facto recognition of his departure from role equally President of an integrated Ukraine. The president riposted that Parliament'south acts were illegal as they could pass into law only by presidential signature.

Britain [edit]

In the Uk, in principle, anybody may exist prosecuted and tried by the two Houses of Parliament for any law-breaking.^[56] The beginning recorded impeachment is that of William Latimer, 4th Businesswoman Latimer during the Adept Parliament of 1376. The latest was that of Henry Dundas, 1st Viscount Melville which started in 1805 and which ended with his acquittal in June 1806.^[57] Over the centuries, the procedure has been supplemented by other forms of oversight including select committees, confidence motions, and judicial review, while the privilege of peers to trial but in the House of Lords was abolished in 1948,^[58] and thus impeachment, which has not kept up with modern norms of republic or procedural fairness, is generally considered obsolete.^[56]

United States [edit]

U.s.a. president Donald Trump was impeached by the House of Representatives in 2019, then once again in 2021, with one calendar week left in office.

In the federal system, the Article One of the The states Constitution provides that the House of Representatives has the "sole Ability of Impeachment" and the Senate has "the sole Power to try all Impeachments."^[59] Article Two provides that "The President, Vice President and all civil Officers of the United States, shall be removed from Function on Impeachment for, and Confidence of, Treason, Bribery, or other loftier Crimes and Misdemeanors."^[threescore] In the United States, impeachment is the first of two stages; an official may be impeached by a majority vote of the House, but conviction and removal from role in the Senate requires "the concurrence of two thirds of the members nowadays".^[61] Impeachment is analogous to an indictment.^[62]

According to the House exercise transmission, "Impeachment is a constitutional remedy to address serious offenses against the organization of government. Information technology is the first step in a remedial procedure—that of removal from public office and possible disqualification from holding farther part. The purpose of impeachment is non punishment; rather, its function is primarily to maintain constitutional authorities."^[63] Impeachment may be understood every bit a unique process involving both political and legal elements.^{[3] [4] [five]} The Constitution provides that "Judgment in Cases of Impeachment shall non extend further than to removal from Part, and disqualification to agree and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall however exist liable and subject area to Indictment, Trial, Judgment and Punishment, according to Constabulary."^[64] It is more often than not accepted that "a former President may be prosecuted for crimes of which he was acquitted by the Senate."^[65]

The U.S. House of Representatives has impeached an official 21 times since 1789: 4 times for presidents, xv times for federal judges, once for a Cabinet secretary, and once for a senator.^[66] Of the 21, the Senate voted to remove 8 (all federal judges) from office.^[66] The four impeachments of presidents were: Andrew Johnson in 1868, Pecker Clinton in 1998, and Donald Trump twice: showtime in 2019, and a 2d time in 2021.^[67] All four impeachments were followed past acquittal in the Senate.^[66] An impeachment process was likewise commenced confronting Richard Nixon, merely he resigned in 1974 to avert likely removal from office.^[68]

Almost all country constitutions set forth parallel impeachment procedures for state governments, allowing the state legislature to impeach officials of the land regime.^[69] From 1789 through 2008, 14 governors have been impeached (including two who were impeached twice), of whom vii governors were convicted.^[70]

See also [edit]

• List of impeachments of heads of state

References [edit]

1. ^ ^{a b} "impeachment | Definition, Process, History, & Facts". Encyclopedia Britannica . Retrieved 15 November 2020.
2. ^ Landau, Sidney; Brantley, Sheila; Davis, Samuel; Koenigsberg, Ruth, eds. (1997). Funk & Wagnall'southward Standard Desk Dictionary. Vol. 1 (1996 ed.). United States: Harper & Row, Publishers, Inc. p. 322. ISBN978-0-308-10353-v. 1. To accuse (a high public official) before a legally constituted tribunal with crime or misdemeanor in part. 2. To bring discredit upon the honesty or validity of.
3. ^ ^{a b} Michael J. Gerhardt. "Impeachment is the law. Proverb 'political process' only helps Trump's narrative". Washington Postal service. while information technology'south true that politics are spring upwards in how impeachment plays out, it's a myth that impeachment is just political. Rather, it's the principal legal remedy that the Constitution expressly specifies to concord presidents accountable
4. ^ ^{a b c} Michael J. Gerhardt (2019). The Federal Impeachment Procedure: A Ramble and Historical Analysis (3d ed.). Academy of Chicago Press. pp. 106–07. The ratification debates support the conclusion that 'other high Crimes and Misdemeanors' were not limited to indictable offenses but rather included swell offenses against the federal government. ... Justices James Wilson and Joseph Story expressed agreement with Hamilton'south understanding of impeachment equally a political proceeding and impeachable offenses as political crimes.
5. ^ ^{a b} Gerhardt, Michael (2018). Impeachment: What Anybody Needs to Know. New York, North.Y.: Oxford University Printing. p. 20. ISBN978-0190903657. LCCN 2018013560. Impeachment has elements of both legal and political proceedings. As a result, it is a unique procedure.
6. ^ ^{a b c} Davidson, Roger (2005). "Impeachment". World Book Encyclopedia. Vol. I ten (2005 ed.). Chicago. p. 92. ISBN0-7166-0105-2.
7. ^ "Impeachment". Britain Parliament Glossary . Retrieved 5 February 2021. Impeachment is when a peer or commoner is accused of 'loftier crimes and misdemeanours, across the reach of the law or which no other authority in the country will prosecute.'
8. ^ Lawler, David. "What impeaching leaders looks like around the world". Axios . Retrieved viii February 2021.
9. ^ Huq, Aziz; Ginsburg, Tom; Landau, David. "Designing Better Impeachments: How other countries' constitutions protect against political free-for-alls". Boston Review . Retrieved 8 February 2021. Constitutions in nine democracies requite a court—often the country's constitutional court—the ability to begin an impeachment; another 61 constitutions identify the court at the end of the process.
10. ^ Ignacio Arana Araya, To Impeach or Not to Impeach: Lessons from Latin America, Georgetown Journal of International Affairs (December 13, 2019).
11. ^ Erskine, Daniel H. (2008). "The Trial of Queen Caroline and the Impeachment of President Clinton: Law As a Weapon for Political Reform". Washington Academy Global Studies Law Review. 7 (ane). ISSN 1546-6981.
12. ^ Peter Brandon Bayer (23 May 2019). "The Constitution dictates that impeachment must not be partisan". The Conversation. Noted scholars Ronald Rotunda and John Nowak explain that the Framers wisely intended the phrase "or other high Crimes and Misdemeanors" to include undermining the Constitution and like, "great offenses against the federal authorities (like abuse of power) even if they are not necessarily crimes.' For instance, Alexander Hamilton asserted that, while likely to be criminal acts, impeachable wrongdoings 'are those offenses which proceed from the misconduct of public men ... from the abuse or violation of some public trust.' James Madison urged that impeachment is appropriate for 'loss of capacity, or corruption ... [that] might exist fatal to the republic.'
13. ^ ^{a b} "Impeachment". U.S. Constitution Annotated. Congressional Research Service – via Legal Information Institute, Cornell Law School.
14. ^ ^{a b c} Cole, J. P.; Garvey, T. (29 Oct 2015). "Written report No. R44260, Impeachment and Removal" (PDF). Congressional Inquiry Service. pp. 15–16. Archived (PDF) from the original on 19 December 2019. Retrieved 22 September 2016.
15. ^ Hauss, Charles (29 December 2006). "Vote of confidence". Britannica . Retrieved 9 February 2021. {{cite spider web}}: CS1 maint: url-status (link)
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17. ^ ^{a b} Maciel, Lourenço (8 Feb 2020). "Was it a coup? Democracy and Constitutionality in the 2022 Brazilian Impeachment Procedure". Dilma Rousseff's Impeachment . Retrieved 5 March 2021. {{cite spider web}}: CS1 maint: url-condition (link)
18. ^ Andrew Jacobs (17 April 2016). "Brazil'southward Lower Firm of Congress Votes for Impeachment of Dilma Rousseff". The New York Times. Archived from the original on 3 Jan 2022. Retrieved 13 November 2016.
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23. ^ Rob Cameron (28 March 2013). "Constitutional Court throws out treason charges confronting ex-president Klaus". Radio Praha.
24. ^ https://www.thedanishparliament.dk/-/media/pdf/publikationer/english/the_constitutional_act_of_denmark_2013,-d-,pdf.ashx - The Danish Constitution
25. ^ https://danmarkshistorien.dk/leksikon-og-kilder/vis/materiale/tamilsagen-1986-1995/ - Tamil Instance 1986-1995
26. ^ https://hudoc.echr.coe.int/eng#{%22itemid%22 - NINN-HANSEN 5. DENMARK
27. ^ https://www.euronews.com/2021/01/xiv/inger-st-jberg-denmark-s-ex-immigration-government minister-set-to-face-impeachment-trial - Inger Støjberg: Kingdom of denmark's ex-immigration minister prepare to face impeachment trial
28. ^ https://world wide web.euronews.com/2021/12/13/inger-st-jberg-denmark-s-ex-clearing-minister-convicted-of-impeachment-over-asylum-poli - Inger Støjberg: Denmark'south ex-immigration minister bedevilled over illegal asylum seeker policy
29. ^ https://rigsretten.dk/aktuelt/2021/12/rigsretten-har-afsagt-dom-i-sagen-mod-fhv-government minister-inger-stoejberg/ - The Supreme Court has ruled in the case against former Minister Inger Støjberg
30. ^ https://world wide web.doctordk/nyheder/politik/folketinget-har-stemt-inger-stoejberg-er-ikke-vaerdig-til-sidde-i-folketinget - The Folketing has voted: Inger Støjberg is not worthy of sitting in the Folketing
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36. ^ Cowell, Alan (13 December 1991). "President of Italy is Making Political Waves". The New York Times.
37. ^ "Italy parliament rejects bid to impeach President Napolitano". Reuters. 11 February 2014.
38. ^ Horowitz, Jason (28 May 2018). "Italian President's Loyalty to the Euro Creates Chaos". The New York Times. Archived from the original on iii January 2022.
39. ^ "The Constitution of Japan". Japanese Police Translation . Retrieved ten Baronial 2020.
40. ^ "裁判官弾劾裁判所公式サイト / トップページ （音声ブラウザ対応）". www.dangai.go.jp.
41. ^ ^{a b c} "Constitution of the Liechtenstein" (PDF). hrlibrary.umn.edu. Legal Service of the Government of the Principality of Liechtenstein. 2003. Retrieved xiii November 2016.
42. ^ "The Constitution of the Republic of lithuania". Retrieved 4 April 2016.
43. ^ "Lithuanian Parliament Removes Country'southward President After Casting Votes on Three Charges". The New York Times. 7 April 2004. Retrieved 4 April 2016.
44. ^ Chan-Robles Virtual Law Library. "The 1987 Constitution of the Commonwealth of the Philippines—Commodity XI". Retrieved 25 July 2008.
45. ^ "Peru's leader faces impeachment". Bbc.com. 15 Dec 2017. Retrieved 28 December 2017.
46. ^ "Lawmakers who helped Peru president survive impeachment bid say democracy won". Efe.com. 22 December 2017. Retrieved 28 December 2017.
47. ^ ro:Referendumul pentru demiterea președintelui României, 2012
48. ^ Yeltsin impeachment hearings begin, The Guardian (May 13, 1999).
49. ^ David Hoffman, Bid to Impeach Yeltsin Defeated, Washington Post (May sixteen, 1999).
50. ^ Michael Wines, Drive to Impeach Russian President Dies in Parliament, New York Times (May xvi, 1999).
51. ^ "Constitution of the Republic of Singapore—Singapore Statutes Online". /sso.agc.gov.sg. 2019.
52. ^ Kim, Da-sol (8 December 2016). "Revisiting Roh Moo-hyun impeachment". The Korea Herald . Retrieved nine February 2021.
53. ^ "Park Geun-hye fired equally court upholds impeachment". Al Jazzera. 10 March 2017.
54. ^ "Legislature impeaches estimate for political meddling". Korea JoongAng Daily. iv February 2021.
55. ^ "G National Assembly of Turkey" (PDF). tbmmgov.tr. 2018.
56. ^ ^{a b} Simson Caird, Jack (half dozen June 2016). "Commons Conference papers CBP-7612" (PDF). Firm of Commons Library. Retrieved 14 May 2019.
57. ^ Hutchison, Gary D (2017). "'The Manager in Distress': Reaction to the Impeachment of Henry Dundas, 1805–seven" (PDF). Parliamentary History. 36 (2): 198–217. doi:x.1111/1750-0206.12295.
58. ^ For details, see Judicial functions of the House of Lords § Trials.
59. ^ House Practice: A Guide to the Rules, Precedents and Procedures of the House, chap. 27 (Impeachment). U.Due south. Government Publishing Office, p. 594 (quoting U.S. Const. fine art. I, Sec. 2, cl. 5; Sec. 3, cl. 6.).
60. ^ ArtII.S4.1.two.1 Offices Eligible for Impeachment, Constitution Annotated, Congress.gov.
61. ^ U.S. Constitution. Article I, § three, clause 6. 12 November 2009.
62. ^ House Practice: A Guide to the Rules, Precedents and Procedures of the Firm, chap. 27 (Impeachment). U.Southward. Government Publishing Function, p. 594: "An impeachment is instituted by a written accusation, called an 'Article of Impeachment,' which states the offense charged. The articles serve a purpose like to that of an indictment in an ordinary criminal proceeding. Transmission Sec. 609."
63. ^ House Practise: A Guide to the Rules, Precedents and Procedures of the Business firm, chap. 27 (Impeachment). U.S. Authorities Publishing Role, p. 591.
64. ^ Art I.S3.C7.1.1 Judgment in Cases of Impeachment: Overview, Constitution Annotated.
65. ^ Memorandum: Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate, U.Due south. Department of Justice, Role of Legal Counsel (August xviii, 2000).
66. ^ ^{a b c} "U.Due south. Senate: Impeachment". www.senate.gov . Retrieved nineteen September 2018.
67. ^ Maggie Astor (xiii January 2021). "The Impeachment Proceedings That Came Before". New York Times.
68. ^ Gerhardt, Michael J. (2000). The Federal Impeachment Procedure: A Constitutional and Historical Analysis . University of Chicago Press. p. 27. ISBN9780226289571. attempted Impeachment of William O. Douglas.
69. ^ "Impeachment and united states: A look at the history, provisions in place". knowledgecenter.csg.org. ^{[ permanent dead link ]}
70. ^ Research Response: Governors' Impeachments in U.S. History, Illinois General Associates Legislative Research Unit (July viii, 2008).

Further reading [edit]

Look up impeachment in Wiktionary, the free dictionary.

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Source: https://en.wikipedia.org/wiki/Impeachment

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