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Impeachment is the process by which a legislative body addresses legal charges against a government official.National legislations differ regarding the definition and consequences of an impeachment. In many countries, for example those in Latin America, "impeachment" refers to a definitive destitution; an official in these jurisdictions is therefore only considered "impeached" when they have been removed from office. Conversely, in other jurisdictions such as the United States, "impeachment" refers to a previous step, that of the authority's indictment; a U.S. president impeached by the House of Representatives remains in power while charges are addressed by the Senate, and may be found not guilty.
Because impeachment and conviction of officials involve an overturning of the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, they are usually reserved for those deemed to have committed serious abuses of their office.In the United States, for example, impeachment at the federal level is limited to those who may have committed "Treason, Bribery, or other high crimes and misdemeanors". Impeachment exists under constitutional law in many countries around the world, including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. It must not be confused with a motion of no confidence, which is a political process of removing elected officials in representative democracies, not based on legal charges.
The word "impeachment" likely derives from Old French empeechier from Latin word impedīre expressing the idea of catching or ensnaring by the 'foot' (pes, pedis), and has analogues in the modern French verb empêcher (to prevent) and the modern English impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack). Some contend that the word comes from the Latin impicare (through the late-Latin impiciare, impiciamentum), that is the punishment that in Latin antiquity they gave to parricides, consisting of throwing them into the sea confined in a culleus, "namely a sac made of esparto or hide and covered with pitch or bitumen on the outside, so that the water delayed in entering; they sometimes confined some aggressive beasts with the convict so to increase his last torments" ("Culleus, tunica ex sparto im modum crumenae facta, quae liniebatur a populo pice et bitumine, in qua imcludebantur parricidae cum simia, serpente, et gallo; insuta mittebatur in mare et, contendentibus inter se animantibus, homo maioribus poenis afficiebatur").
The process was first used by the English "Good Parliament" against William Latimer, 4th Baron Latimer in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, 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 by Kingmakers.For instance, 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 ground three times. Once destooled from office, his sanctity and thus reverence are lost as he cannot exercise any powers he had as king; this includes Chief administrator, Judge, and Military Commander. The now previous king is disposed of the Stool, swords and other regalia which symbolize his office and authority. He also loses the position as custodian of the land. However, despite being destooled from office, the king remains a member of the Royal Family from which he was elected.
The Austrian Federal president can be impeached by the Federal Assembly (Bundesversammlung) before the Constitutional Court. The constitution also provides for the recall of the president by a referendum. Neither of these courses has ever been taken. This is likely because while Austrian presidents are vested with considerable powers on paper, they act as a largely ceremonial figurehead in practice, and are thus unlikely to abuse their powers.
In Brazil, as in most other Latin American countries, "impeachment" refers to the definitive removal from office. The president of Brazil may be provisionally removed from office by the Chamber of Deputies and then tried and definitely removed from office by the Federal Senate. The Brazilian Constitution requires that two-thirds of the Deputies vote in favor of the opening of the impeachment process of the President and that two-thirds of the Senators vote for impeachment. State governors and municipal mayors can also be impeached by the respective legislative bodies. Upon conviction, the officeholder has their political rights revoked for eight years—which bars them from running for any office during that time.
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 evidence of bribery and misappropriation.
In 2016, the Chamber of Deputies initiated an impeachment case against President Dilma Rousseff on allegations of budgetary mismanagement.Following her impeachment by the Senate, she was definitively replaced by Vice President Michel Temer.
The president of Bulgaria can be removed only for high treason or violation of the constitution. The process is started by a two-thirds majority vote of the Parliament to impeach the president, whereupon the Constitutional Court decides whether the President is guilty of the crime of which he is charged. If he is found guilty, he is removed from power. No Bulgarian President has ever been impeached. The same procedure can be used to remove the vice president of Bulgaria, which has also never happened.
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 Court, which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has never occurred in the history of the Republic of Croatia. In case of a successful impeachment motion a president's constitutional 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.
In 2013, the constitution was changed. Since 2013, the process can be started by at least three-fifths of present senators, and must be approved by at least three-fifths of all members of the Chamber of Deputies. Also, the President can be impeached for high treason (newly defined in the Constitution) or any serious infringement of the Constitution.
The process starts in the Senate of the Czech Republic which has the right to only impeach the president, and the Senate passes the case to the Constitutional Court of the Czech Republic, which has to decide the verdict against the president. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again.
No Czech president has ever been impeached, though members of the Senate sought to impeach President Vaclav Klaus in 2013.This case was dismissed by the court, which reasoned that his mandate had expired.
In France the comparable procedure is called destitution. The president of France 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 article of the French Constitution.A group of senators or a group of members of the National Assembly can begin the process. Then, both the National Assembly and the Senate must acknowledge the impeachment. After the upper and lower houses' agreement, they unite to form the High Court. Finally, the High Court must decide to declare the impeachment of the president of France—or not.
The federal president of Germany can be impeached both by the Bundestag and by the Bundesrat for willfully violating federal law. 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 office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the federal constitution or a state constitution. The impeachment procedure is regulated in Article 61 of the Basic Law for the Federal Republic of Germany.
There is no formal impeachment process for the chancellor of Germany, however the Bundestag can replace the chancellor at any time by voting for a new chancellor (constructive vote of no confidence, Article 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 second one being successful.
The chief executive of Hong Kong can be impeached by the Legislative Council. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the Council. An independent investigation committee, chaired by the chief justice of the Court of Final Appeal, will then carry out the investigation and report back to the Council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority. Article 73(9):
However, the Legislative Council does not have the power to actually remove the chief executive from office, as the chief executive is appointed by the Central People's Government (State Council of China). The Council can only report the result to the Central People's Government for its decision. Article 45:
Article 13 of Hungary's Fundamental Law (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 afterwards. Should the president violate the constitution while discharging his duties or commit a willful criminal offense, he may be removed from office. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the country's unicameral Parliament. Parliament votes on the proposal by secret ballot, and if two thirds of all representatives agree, the president is impeached. Once impeached, the president's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office.
The Constitution of Iceland does not provide a process to impeach the president of Iceland. The president can be removed from office by a three-fourths majority in Parliament and a subsequent majority in a referendum. Cabinet ministers can be impeached by Parliament and their cases are adjudicated by the National Court. Since cabinet ministers can be relieved of duty only by the president, a guilty verdict can result in only a fine or imprisonment.
The president and judges, including the chief justice of the supreme court and high courts, can be impeached by the parliament before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution. However a president after his/her term/removal can be punished for his already proven unlawful activity under disrespecting the constitution, etc.No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen.
The Assembly of Experts can impeach the supreme leader of Iran and appoint a new one.
The president of Iran can be impeached jointly by the members of the Assembly (Majlis) and the supreme leader. A new presidential election is then triggered. Abolhassan Banisadr, Iran's first president, was impeached in June 1981 and removed from the office. Mohammad-Ali Rajai was elected as the new president.
Cabinet ministers can be impeached by the members of the Assembly. Presidential appointment of a new minister is subject to a parliamentary vote of confidence. Impeachment of ministers has been a fairly commonly used tactic in the power struggle between the president and the assembly during the last several governments.
In the Republic of Ireland formal impeachment applies only to the Irish president. Article 12 of the Irish Constitution provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the president can be removed from office only by the houses of the Oireachtas (parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that the president is guilty of the charge and that the charge is sufficiently serious as 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 important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.
In Italy, according to Article 90 of the Constitution, the President of Italy can be impeached through a majority 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 sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years.
Italian press and political forces made use 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), [ better source needed ] Giorgio Napolitano (2014) [ better source needed ] and Sergio Mattarella (2018). [ better source needed ]
By Article 78 of the Constitution of Japan, judges can be impeached.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. The former has a role similar to prosecutor and the latter is analogous to Court. Seven judges were removed by them.
Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws. Article 62 As a hereditary monarchy the Sovereign Prince can not be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility". :Article 7 The same is true of any member of the Princely House who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession. :Article 7:
In the Republic of Lithuania, the president may be impeached by a three-fifths majority in the Seimas.President Rolandas Paksas was removed from office by impeachment on 6 April 2004 after the Constitutional Court of Lithuania found him guilty of having violated his oath and the constitution. He was the first European head of state to have been impeached.
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 office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the U.S. rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude. In cases of impeachment, an appointed court (Riksrett) takes effect.
The country's ruling coalition said on 7 August 2008, that it would seek the impeachment of President Pervez Musharraf, alleging the U.S.-backed former general had "eroded the trust of the nation" and increasing pressure on him to resign. He resigned on 18 August 2008. Another kind of impeachment in Pakistan is known as the vote of less-confidence or vote of mis-understanding and has been practiced by provincial assemblies to weaken the national assembly.
Impeaching a president requires a two-thirds majority support of lawmakers in a joint session of both houses of Parliament.
Impeachment in the Philippines follows procedures similar to the United States. Under Sections 2 and 3, Article XI, Constitution of the Philippines, the House of Representatives of the Philippines has the exclusive power to initiate all cases of impeachment against the president, vice president, members of the Supreme Court, members of the Constitutional Commissions (Commission on Elections, Civil Service Commission and the Commission on Audit), and the ombudsman. When a third of its membership has endorsed the impeachment articles, it is then transmitted to the Senate of the Philippines which tries and decide, as impeachment tribunal, the impeachment case.
A main difference from U.S. proceedings however is that only one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those present and voting in their U.S. counterpart). 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, to convict the official in question requires that a minimum of two thirds (i.e. 16 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 can be filed against that impeachable official for at least one full year.
The 1987 Philippine Constitution says the grounds for impeachment include culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust. These offenses are considered "high crimes and misdemeanors" under the Philippine Constitution.
The president, vice president, Supreme Court justices, and members of the Constitutional Commission and ombudsman are all considered impeachable officials under the Constitution.
President Joseph Estrada was the first official impeached by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later 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 by, the Senate.
In March 2011, the House of Representatives impeached Ombudsman Merceditas Gutierrez, becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court.
In December 2011, in what was described as "blitzkrieg fashion", 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 House of Representatives, and two were not convicted. The latter, Chief Justice Renato C. Corona, was convicted on 29 May 2012, by the Senate under Article II of the Articles of Impeachment (for betraying public trust), with 20–3 votes from the Senator Judges.
The first impeachment process against Pedro Pablo Kuczynski, then the incumbent President of Peru since 2016, was initiated by the Congress of Peru on 15 December 2017. According to Luis Galarreta, the President of the Congress, the whole process of impeachment could have taken as little as a week to complete.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.
In Polish law there is no impeachment procedure defined, as it is present in the other countries. Infringements of the law can be investigated only by special Parliament's Committee or (if accusations involve people holding the highest offices of state) by the State Tribunal. The State Tribunal is empowered to rule for the removal of individuals from public office but it is not a common practice.
The president can be impeached by Parliament and is then suspended. A referendum 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 more recently in July 2012. A referendum was held on 19 May 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension a referendum was held on July 29, 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout. [ circular reference ]
The president of Russia can be impeached if both the State Duma (which initiates the impeachment process through the formation of a special investigation committee) and the Federation Council of Russia vote by a two-thirds majority in favor of impeachment and, additionally, the Supreme Court finds the president guilty of treason or a similarly heavy crime against the nation and the Constitutional Court confirms that the constitutional procedure of the impeachment process was correctly observed.
In 1993, during the Russian constitutional crisis, then-President Boris Yeltsin dissolved the Supreme Soviet of Russia by his decree. In response, the Supreme Soviet impeached Boris Yeltsin. However, Yeltsin ignored their decision and ordered storming of the Supreme Soviet by military and arrest of its leaders.
In 1995–1999, the State Duma made several attempts to impeach Yeltsin, but they never had a sufficient number of votes for the process to reach the Federation Council.
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 minister or at least one-quarter of all members of Parliament (MPs) can pass an impeachment motion, which can succeed only if at least half of all MPs (excluding nominated members) vote in favor, whereupon the chief justice of the Supreme Court will appoint a tribunal to investigate allegations against 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 physical infirmity", Parliament will hold a vote on a resolution to remove the president from office, which requires a three-quarters majority to succeed.No president has ever been removed from office in this fashion.
When the Union of South Africa was established in 1910, the only officials who could be impeached (though the term itself was not used) were the chief justice and judges of the Supreme Court of South Africa. The scope was broadened when the country became a republic in 1961, to include the state 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 Auditor-General. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years.
1910-1994 : the governor-general-in-council (until 1961) or state president (from 1961) could remove a judge from office for "misbehaviour or incapacity" if both the Senate and the House of Assembly submitted addresses to him, during the same session of parliament, asking him to do so..
1994-1997 : the president could remove a judge from office for "misbehaviour, incapacity or incompetence", if both the National Assembly and the Senate requested him to do so, after considering a report from the Judicial Service Commission.
1997-date : the president may remove a judge from office if (a) the Judicial Service Commission finds that he or she "suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct", and (b) the National Assembly resolves, by a two-thirds majority, that the judge be removed.
1961-1980 : the Senate and House of Assembly could remove the state president from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least thirty members of the House to petition the Speaker to appoint a joint committee; (b) the House to resolve to appoint the committee; (c) the Senate to concur with the resolution, (d) the committee to submit a report; and (e) each House to resolve, in the same session of parliament, to remove the state president from office.
1981-1984 : following the abolition of the Senate, the power to impeach the state president was vested in the House of Assembly alone. The same procedure applied to the removal of the vice state president.
1984-1994 : an electoral college, consisting of delegates from the House of Assembly and the new House of Representatives and House of Delegates, could remove the state president from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least half the members of each of the three houses to petition the Speaker of Parliament to appoint a committee; (b) each house to resolve to appoint the committee; (c) the committee to submit a report; and (d) the electoral college to resolve to adopt the report and declare the state president removed from office.
1994-1997 : the National Assembly and the Senate, sitting jointly, could remove the president from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions". A two-thirds majority was required. A similar procedure applied to the removal of any of the executive deputy presidents.
1997-date : the National Assembly (alone) may remove a president, for " a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A president who is removed may not receive any benefits of that office, and may not serve in any public office.
1994-1997 : the president could remove him or her from office for "misbehaviour, incapacity or incompetence", if both the Assembly and the Senate requested him to do so, after considering a report from a joint committee.
1997-date : the president must remove the public protector if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A two-thirds majority is required.
1994-1997 : the procedure is the same as that for removing the public protector.
1997-date : the procedure is the same as that for removing the public protector.
1997-date : the president must remove a member of the [South African Human Rights Commission], the [Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities], the [Commission for Gender Equality] or the [Independent Electoral Commission (South Africa) | Electoral Commission] from office if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A simple majority is required.
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. Clause 2 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 approved 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 power until the impeachment has been adjudicated and shall not extend further than removal from public office, provided that it shall not exempt the person impeached from civil or criminal liability.
Two presidents have been impeached since the foundation of the Sixth Republic of Korea and adoption of the new Constitution of South Korea in 1987. Roh Moo-hyun in 2004 was impeached by the National Assembly but was overturned by the Constitutional Court. Park Geun-hye in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on March 10, 2017.
In Taiwan, according to the Additional Articles of the Constitution of the Republic of China, impeachment of the president or the vice president by the Legislative Yuan shall be initiated upon the proposal of more than one-half of the total members of the Legislative Yuan and passed by more than two-thirds of the total members of the Legislative Yuan, whereupon it shall be presented to the grand justices of the Judicial Yuan for adjudication.
In Turkey, according to the Constitution, the Grand National Assembly may initiate an investigation of the president, the vice president or any member of the Cabinet upon the proposal of simple majority of its total members, and within a period less than a month, the approval of three-fifths of the total members.The investigation would be carried out by a commission of fifteen members of the Assembly, each nominated by the political parties in proportion to their representation therein. The Commission would submit its report indicating the outcome of the investigation to the speaker within two 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 after its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the total number of the Assembly by secret vote, the person or persons, about whom the investigation was conducted, may be tried before the Constitutional Court. The trial would be finalized within three months, and if not, a one-time additional period of three months shall be granted. The president, about whom an investigation has been initiated, may not call for an election. The president, who is convicted by the Court, would be removed from office.
The provision of this article shall also apply to the offenses for which the president allegedly worked during his term of office.
During the crisis which started in November 2013, the increasing political stress of the face-down between the protestors occupying Independence Square in Kyiv and the State Security forces under the control of President Yanukovych led to deadly armed force being used on the protestors. Following the negotiated return of Kyiv's City Hall on 16 February 2014, occupied by the protesters since November 2013, the security forces thought they could also 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 support area in the East of Ukraine.
In the wake of the president's departure, Parliament convened on 22 February; it reinstated the 2004 Constitution, which reduced presidential authority, and voted impeachment of President Yanukovych as de facto recognition of his departure from office as President of an integrated Ukraine. The president riposted that Parliament's acts were illegal as they could pass into law only by presidential signature.
In the United Kingdom, in principle, anybody may be prosecuted and tried by the two Houses of Parliament for any crime.The first recorded impeachment is that of William Latimer, 4th Baron Latimer during the Good Parliament of 1376. The last was that of Henry Dundas, 1st Viscount Melville in 1806. 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 only in the House of Lords was abolished in 1948, and thus impeachment, which has not kept up with modern norms of democracy or procedural fairness, is generally considered obsolete.
Article One of the United States Constitution gives the House of Representatives the sole power of impeachment and the Senate the sole power to try impeachments of officers of the U.S. federal government. (Various state constitutions include similar measures, allowing the state legislature to impeach the governor or other officials of the state government.) In the United States, impeachment is only the first of two stages, and conviction during the second stage requires "the concurrence of two thirds of the members present".Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. Even if the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibilities of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where they were removed.
The article on Impeachment in the United States discusses the following topics:
Three United States presidents have been impeached by the House of Representatives: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump, first in 2019 and again in 2021.All three were acquitted and not removed from office by the Senate with the exception of Donald Trump's 2021 impeachment which is currently pending in the Senate. Bill Clinton's trial in the Senate began on 7 January 1999 and ended on 12 February 1999. Trump's trial in the Senate began on 16 January 2020 and ended on 5 February 2020. An impeachment process was also commenced against Richard Nixon, but he resigned in 1974 to avoid likely removal from office.
Additionally, the House has impeached 15 federal judges, one Cabinet secretary, and one senator. Eight officials have been convicted and removed from office, all of whom were judges.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President.
The president of India, officially the President of the Republic of India, is the ceremonial head of state of India and the Commander-in-chief of the Indian Armed Forces.
The President of the Republic of Bulgaria is the head of state of Bulgaria and the commander-in-chief of the Bulgarian Army. The official residence of the president is at Boyana Residence, Sofia. After the completion of the second round of voting, candidate Rumen Radev was elected President of Bulgaria on 13 November 2016.
The president of Burundi, officially the president of the Republic, is the head of state and head of government of the Republic of Burundi. The president is also commander-in-chief of the National Defence Force. The office of the presidency was established when Michel Micombero declared Burundi a republic on 28 November 1966. The first constitution to specify the powers and duties of the president was the constitution of 1974 adopted in 1976. The constitution, written by Micombero, affirmed Micombero's position as the first president of Burundi. The powers of the president currently derive from the 2005 constitution implemented as a result of the 2000 Arusha Accords after the Burundian Civil War. The current president since 18 June 2020 is Évariste Ndayishimiye.
The president of the Republic of Kenya is the head of state and head of government of Kenya. The president leads the executive branch of the Government of Kenya and is the commander-in-chief of the Kenya Defence Forces. The official residence of the president is at State House, Nairobi.
The Vice President of India is the second-highest constitutional office in India after the President. Article 63 of Indian Constitution states that "There shall be a Vice President of India." The Vice President acts as President in the absence of the president due to death, resignation, impeachment, or other situations.
A supermajority, supra-majority, qualified majority or special majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a majority. A supermajority in a democracy can help to prevent a majority from eroding fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.
The Chief Justice of The Republic of India is the head and chief judge of the Supreme Court of the Republic of India as well as the highest-ranking officer of the Indian federal judiciary. The Constitution of India grants plenary power to the President of India to nominate, and with the advice and consent of the Parliament of India, appoint a chief justice, who serves until they reach the age of sixty five, resign, retire, are impeached and convicted, or die.
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office.
The Italian Parliament is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Italy (1861–1946), the transitional National Council (1945-1946) and the Constituent Assembly (1946-1948). It is a bicameral legislature with 945 elected members and a small number of unelected members (parlamentari). The Italian Parliament is composed of the Chamber of Deputies and Senate of the Republic. The two Houses are independent from one another and never meet jointly except under circumstances specified by the Constitution. Following a referendum on 21 September 2020, the number of MPs in the Parliament will be reduced from 630 to 400 in the Chamber of Deputies and from 315 to 200 in the Senate.
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted.
Impeachment in the United States is the process by which a legislature brings charges against a civil officer of government for crimes alleged to have been committed, analogous to the bringing of an indictment by a grand jury. Impeachment may occur at the federal level or the state level. The federal House of Representatives can impeach federal officials, including the president or vice-president, with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution.
This is a brief description of the lawmaking procedure in India.
Impeachment in the Philippines is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is either removed from office or censured.
The Constitutional Court of the Kingdom of Thailand is an independent Thai court created by the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court is part of the judicial branch of the Thai national government.
The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from 8th June 1962 until martial law was declared in 26 March 1969. It was abrogated in the same year by President Yahya Khan.
The Federal Constitutional Court is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice.
The president of Armenia is the head of state and the guarantor of independence and territorial integrity of Armenia elected to a single seven year term by the National Assembly of Armenia. Under Armenia's parliamentary system, the president is simply a figurehead and holds ceremonial duties, with most of the political power vested in the Parliament and Prime Minister.
The impeachment of Park Geun-hye, President of South Korea, was the culmination of a political scandal involving interventions to the presidency from her aide. The impeachment vote took place on 9 December 2016, with 234 members of the 300-member National Assembly voting in favour of the impeachment and temporary suspension of Park Geun-hye's presidential powers and duties. Thus, Hwang Kyo-ahn, then Prime Minister of South Korea, became Acting President while the Constitutional Court of Korea was due to determine whether to accept the impeachment. The court upheld the impeachment in a unanimous 8–0 decision on 10 March 2017, removing Park from office. The regularly scheduled presidential election was advanced to 9 May 2017, and Moon Jae-in, former leader of the Democratic Party, was elected as Park's permanent successor.
attempted Impeachment of William O. Douglas.
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