Can a President Be Impeached More Than Once?

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

This commodity is virtually the procedure of charging a public official. For challenging a witness in a legal proceeding, run across Witness impeachment.

Brazilian president Dilma Rousseff (left) and South Korean president Park Geun-Hye (correct) were both impeached and removed from office in 2016.

Impeachment is the process by which a legislative torso or other legally constituted tribunal initiates charges against a public official for misconduct.^{[1] [2]} It may exist understood as a unique process involving both political and legal elements.^{[3] [4] [5]}

In Europe and Latin America impeachment tends to exist confined to ministerial officials^[6] as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law equally an criminal offence except through the unique expectations of their high office. Both "peers and commoners" have been subject area to the process however.^[vii] From 1990 to 2022 in that location take been at to the lowest degree 272 impeachment charges confronting 132 different heads of land in 63 countries.^[viii] Near democracies (with the notable exception of the United states) involve the courts (often a national constitutional court) in some manner.^{[9] [ane]}

In Latin America, which includes well-nigh twoscore% of the globe'south presidential systems, x presidents from half-dozen countries were removed from office by their national legislatures via impeachments or declarations of incapacity betwixt 1978 and 2019.^[x]

National legislations differ regarding both the consequences and definition of impeachment, merely the intent is nearly always to expeditiously vacate the function. 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.^[6] Most normally, an official is considered impeached subsequently the house votes to take the charges, and impeachment itself does not remove the official from role.^[6]

Because impeachment involves a departure from the normal constitutional procedures past which individuals achieve high office (election, ratification, or appointment) and because it mostly requires a supermajority, they are ordinarily reserved for those deemed to have committed serious abuses of their office.^[xi] In the Usa, for example, impeachment at the federal level is limited to those who may take committed "Treason, Bribery, or other high crimes and misdemeanors"—the latter phrase referring to offenses against the authorities 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 U.s.a. Constitution, the Firm of Representatives has the sole power of impeachments while the Senate has the sole power to try impeachments (i.eastward., to carry or convict); the validity of an impeachment trial is a political question that is nonjusticiable (i.e.., is not reviewable by the courts).^[xiii] In the United States, impeachment is a remedial rather than penal process,^{[13] [14] : 8} intended to "effectively 'maintain constitutional government' by removing individuals unfit for part";^{[fourteen] : 8} persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Penalty, according to Law."^[14]

Impeachment is provided for in the constitutional laws of many countries including Brazil, France, India, Ireland, the Philippines, Russia, Republic of korea, and the U.s.. Information technology is distinct from the motion of no conviction procedure available some countries whereby a motility of censure can exist used to remove a government and its ministers from office. Such a procedure is not applicative in countries with presidential forms of authorities like the United states of america.^[15]

Etymology and history [edit]

The give-and-take "impeachment" probable derives from Former French empeechier from Latin give-and-take impedīre expressing the idea of catching or ensnaring by the 'pes' (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).

The process was first used past the English "Good Parliament" against William Latimer, 4th Baron Latimer in the second half of the 14th century. Following the English case, 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 part.

In West Africa, Kings of the Ashanti Empire who violated whatever of the oaths taken during his or her enstoolment, were destooled by Kingmakers.^[sixteen] For instance, if a male monarch 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 iii times. Once destooled from function, his sanctity and thus reverence are lost as he cannot exercise whatever powers he had as king; this includes Chief ambassador, Judge, and War machine Commander. The at present previous king is tending of the Stool, swords and other regalia which symbolize his office and authority. He also loses the position as custodian of the land. Even so, despite being destooled from function, the rex remains a fellow member of the Regal Family from which he was elected.^[16]

In various jurisdictions [edit]

Brazil [edit]

In Brazil, as in most other Latin American countries, "impeachment" refers to the definitive removal from part. The president of Brazil may be provisionally removed from role by the Chamber of Deputies and then tried and definitely removed from role 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 tin can also exist impeached by the respective legislative bodies. Article two of Law nº i.079, from 10 April 1950, or "The Law of Impeachment," states that "The crimes defined in this law, even when only attempted, are subject to the penalty of loss of office, with disqualification for upwardly to five years for the exercise of any public part, to be imposed by the Federal Senate in proceedings confronting the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General."

Initiation: An accusation of a responsibleness crime against the President may exist brought by whatever Brazilian citizen all the same the President of the Chamber of Deputies holds prerogative to take the charge, which if accustomed will be read at the next session and reported to the President of the Commonwealth.

Extraordinary Committee: An extraordinary committee is elected with fellow member representation from each political party proportional to that party's membership. The President is so allowed x parliamentary sessions for defense, which pb to two legislative sessions to form a rapporteur'south legal opinion as to if impeachment proceedings will or will not be sent for a trial in the Senate. The rapporteur's stance is voted on in the Committee; and on a simple majority it may be accepted. Failing that, the Commission adopts an stance produced by the majority. For example, if the rapporteur'due south opinion is that no impeachment is warranted, and the Committee vote fails to take it, then the Committee adopts the stance to keep with impeachment. Likewise, if the rapporteur's stance is to proceed with impeachment, but it fails to achieve bulk in the Committee, then the Committee adopts the opinion not to impeach. If the vote succeeds, so the rapporteur's opinion is adopted.

Bedchamber of Deputies: The Chamber issues a call-out vote to accept the stance of the Committee, requiring either a supermajority of 2 thirds in favor of an impeachment opinion (or a supermajority of two thirds confronting a dismissal opinion) of the Commission, in guild to authorize the Senate impeachment proceedings. The President is suspended (provisionally removed) from role as soon as the Senate receives and accepts from the Chamber of Deputies the impeachment charges and decides to proceed with a trial.

The Senate: The process in the Senate had been historically lacking in procedural guidance until 1992, when the Senate published in the Official Diary of the Union the stride-by-step process of the Senate'due south impeachment process, which involves the formation of some other special commission and closely resembles the lower house procedure, with time constraints imposed on the steps taken. The commission'southward opinion must be presented within 10 days, after which it is put to a call-out vote at the next session. The vote must proceed inside a unmarried session; the vote on President Rousseff took over twenty hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the President from office, installs the Vice President equally acting president, and begins a 20-day period for written defense equally well every bit up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that the President is entitled to return and stay provisionally in office until the trial comes to its decision.

Senate plenary deliberation: The committee interrogates the accused or their counsel, from which they have a right to abstain, and as well a probative session which guarantees the accused rights to contradiction, or audiatur et altera pars, allowing access to the courts and due process of law under Commodity five of the constitution. The accused has 15 days to present written arguments in defense and respond to the prove gathered, and so the committee shall issue an stance on the merits inside x days. The unabridged package is published for each senator before a single plenary session bug a call-out vote, which shall proceed to trial on a simple majority and shut the case otherwise.

Senate trial: A hearing for the complainant and the accused convenes within 48 hours of notification from deliberation, from which a trial is scheduled by the president of the Supreme Court no less than ten days after the hearing. The senators sit as judges, while witnesses are interrogated and cantankerous-examined; all questions must be presented to the president of the Supreme Court, who, every bit prescribed in the Constitution, presides over the trial. The president of the Supreme Court allots time for debate and rebuttal, after which time the parties leave the chamber and the senators deliberate on the indictment. The President of the Supreme Court reads the summary of the grounds, the charges, the defense and the evidence to the Senate. The senators in turn effect their judgement. On conviction by a supermajority of two thirds, the president of the Supreme Courtroom pronounces the sentence and the accused is immediately notified. If at that place is no supermajority for confidence, the accused is acquitted.

Upon conviction, the officeholder has his or her political rights revoked for eight years, which bars them from running for whatever 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 property whatever office for eight years, due to testify of bribery and misappropriation.

In 2016, the Chamber of Deputies initiated an impeachment instance against President Dilma Rousseff on allegations of budgetary mismanagement, a criminal offence of responsibility nether the Constitution.^[18] On 12 May 2016, afterward 20 hours of deliberation, the admissibility of the accusation was approved by the Senate with 55 votes in favor and 22 confronting (an absolute bulk would take been sufficient for this step) and Vice President Michel Temer was notified to assume the duties of the President pending trial. On Baronial 31, 61 senators voted in favor of impeachment and 20 voted against information technology, thus achieving the ii/3 bulk needed for Rousseff's definitive removal. A vote to disqualify her for five years was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor.^[17]

Republic of croatia [edit]

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

Czech republic [edit]

In 2013, the constitution was changed. Since 2013, the procedure tin can be started by at to the lowest degree three-fifths of present senators, and must be canonical past at to the lowest degree iii-fifths of all members of the Chamber of Deputies. Too, the President tin can exist impeached for high treason (newly divers in the Constitution) or any serious infringement of the Constitution.^[20]

The process starts in the Senate of the Czech republic which has the correct to simply impeach the president, and the Senate passes the example to the Constitutional Court of the Czech Republic, which has to make up one's mind the verdict against the president. If the Court finds the President guilty, then the President is removed from function and is permanently barred from existence elected President of the Czech Republic again.^[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 past the courtroom, which reasoned that his mandate had expired.^[23]

Kingdom of denmark [edit]

In Denmark the possibility for current and erstwhile ministers being impeached was established with the Danish Constitution of 1849. Unlike many other countries Denmark does not take a Constitutional Court who would unremarkably handle these types of cases. Instead Denmark has a special Court of Impeachment (In Danish: Rigsretten) which is called upon every time a current and quondam minister have been impeached. The role of the Impeachment Court is to process and evangelize judgments against electric current and old ministers who are accused of unlawful conduct in part. The legal content of ministerial responsibleness is laid downwards in the Ministerial Accountability Act which has its background in section xiii of the Danish Constitution, according to which the ministers' accountability is determined in more item by law. In Denmark the normal practice in terms of impeachment cases is that it needs to be brought upward in the Danish Parliament (Folketing) kickoff for debate between the unlike members and parties in the parliament. After the argue the members of the Danish Parliament vote on whether a current or erstwhile minister needs to be impeached. If there is a majority in the Danish Parliament for an impeachment case confronting a current or sometime minister, an Impeachment Court is chosen into session. In Denmark the Impeachment Court consists of upwardly to 15 Supreme Courtroom judges and 15 parliament members appointed by the Danish Parliament. The members of the Impeachment Courtroom in Kingdom of denmark serve a half-dozen-twelvemonth term in this position.^[24]

In 1995 the old Government minister of Justice Erik Ninn-Hansen from the Conservative People'south Party was impeached in connexion with the Tamil Instance. The case was centered around the illegal processing of family unit reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka were put on concord 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 Act 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 co-ordinate to the nature of his post. A majority of the judges in that impeachment case voted for former Government minister of Justice Erik Ninn-Hansen to receive a suspended sentence of iv months with ane year of probation. The reason why the sentence was made suspended was peculiarly in relation to Ninn-Hansen's personal circumstances, in particular, his health and age - Ninn-Hansen was 73 years old when the judgement was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the Courtroom of Impeachment was not impartial. The European Court of Human Rights dismissed the complaint on xviii May 1999. As a direct result and event of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power. ^{[25] [26]}

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

France [edit]

In French republic the comparable procedure is chosen destitution. The president of France can be impeached by the French Parliament for willfully violating the Constitution or the national laws. The procedure of impeachment is written in the 68th article of the French Constitution.^[31] A group of senators or a grouping 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 grade the High Court. Finally, the Loftier Court must decide to declare the impeachment of the president of France—or non.

Germany [edit]

The federal president of Germany can be impeached both past 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 example, whether to remove him or her from office. The Federal Ramble Court also has the ability to remove federal judges from role 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 Frg.

There is no formal impeachment process for the chancellor of Germany, notwithstanding the Bundestag tin replace the chancellor at whatever time by voting for a new chancellor (constructive vote of no confidence, Article 67 of the Basic Constabulary).

In that location 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 1 existence successful.

Hong Kong [edit]

The principal executive of Hong Kong tin can be impeached by the Legislative Council. A motion for investigation, initiated jointly by at least 1-quaternary of all the legislators charging the Chief Executive with "serious breach of police force or dereliction of duty" and refusing to resign, shall beginning be passed by the council. An contained 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 laissez passer a motion of impeachment by a two-thirds majority.^{[32] : Commodity 73(9)}

However, the Legislative Council does not have the ability to actually remove the chief executive from office, as the master executive is appointed by the Central People's Authorities (State Council of Communist china). The council tin just report the result to the Primal People'southward Government for its conclusion.^{[32] : Article 45}

Hungary [edit]

Article 13 of Hungary's Fundamental Law (constitution) provides for the process of impeaching and removing the president. The president enjoys amnesty 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 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 hole-and-corner 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 non the President should be removed from office.^{[33] [34]}

India [edit]

The president and judges, including the main justice of the supreme court and high courts, tin exist 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. Yet a president after his/her term/removal can be punished for his already proven unlawful activity 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 be charged and needs to step downward in order for that to happen.

Ireland [edit]

In the Commonwealth 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 tin be removed from part 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 past a resolution approved by a majority of at least two thirds of its full number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least 30 of its number.

Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do and 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 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 e'er taken identify. 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 confidence or impeachment.

Italy [edit]

In Italy, according to Article 90 of the Constitution, the President of Italy can be impeached through a bulk vote of the Parliament in articulation session for high treason and for attempting to overthrow the Constitution. If impeached, the president of the Republic is so tried by the Constitutional Courtroom integrated with 16 citizens older than twoscore chosen by lot from a listing compiled by the Parliament every ix years.

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

Japan [edit]

Past Article 78 of the Constitution of Japan, judges can be impeached.^[39] The voting method is specified by laws. The National Diet has 2 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 past Article 64 of the Constitution.^[40] The former has a function similar to prosecutor and the latter is analogous to Courtroom. Vii judges were removed past them.

Principality of liechtenstein [edit]

Members of the Liechtenstein Government can be impeached before the State Courtroom for breaches of the Constitution or of other laws.^{[41] : Article 62} As a hereditary monarchy the Sovereign Prince tin not be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".^{[41] : Article seven} The aforementioned is true of any member of the Princely House who exercises the function of head of state should the Prince exist temporarily prevented or in preparation for the Succession.^{[41] : Article 7}

Lithuania [edit]

In the Commonwealth of Lithuania, the president may be impeached past a three-fifths bulk in the Seimas.^[42] President Rolandas Paksas was removed from function by impeachment on vi Apr 2004 afterwards the Constitutional Courtroom of Republic of lithuania establish him guilty of having violated his oath and the constitution. He was the first European head of land to have been impeached.^[43]

Norway [edit]

Members of government, representatives of the national associates (Stortinget) and Supreme Courtroom judges can exist 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 like 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.

Philippines [edit]

Impeachment in the Philippines follows procedures similar to the U.s.. Under Sections2 and 3, Commodity Xi, Constitution of the Philippines, the House of Representatives of the Philippines has the exclusive ability 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 Committee and the Committee on Audit), and the ombudsman. When a tertiary of its membership has endorsed the impeachment articles, information technology is then transmitted to the Senate of the Philippines which tries and make up one's mind, every bit impeachment tribunal, the impeachment case.^[44]

A master difference from U.S. proceedings however is that but 1 third of Firm members are required to approve the move to impeach the president (as opposed to a elementary majority of those nowadays 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 every bit 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.

Impeachment proceedings and attempts [edit]

President Joseph Estrada was the outset 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, just 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 Business firm of Representatives impeached Ombudsman Merceditas Gutierrez, condign the second person to be impeached. In April, Gutierrez resigned prior to the Senate'due south 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 Manufactures of Impeachment against Supreme Courtroom master justice Renato Corona.

To date, 3 officials had been successfully impeached by the Firm of Representatives, and ii were non convicted. The latter, Chief Justice Renato C. Corona, was convicted on 29 May 2012, by the Senate nether Commodity II of the Articles of Impeachment (for betraying public trust), with 20–3 votes from the Senator Judges.

Peru [edit]

The beginning impeachment procedure confronting Pedro Pablo Kuczynski, and then the incumbent President of Peru since 2016, was initiated past 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 equally lilliputian every bit a week to complete.^[45] This consequence was part of the second stage of the political crunch generated past the confrontation betwixt the Government of Pedro Pablo Kuczynski and the Congress, in which the opposition Pop Force has an absolute majority. The impeachment asking was rejected by the congress on 21 December 2017, for failing to obtain sufficient votes for the deposition.^[46]

Romania [edit]

The president can exist impeached past Parliament and is then suspended. A referendum then follows to decide whether the suspended President should exist removed from office. President Traian Băsescu was impeached twice by the Parliament: in 2007 and so again in July 2012. A plebiscite was held on 19 May 2007 and a big majority of the electorate voted confronting removing the president from office. For the most recent suspension a plebiscite was held on July 29, 2012; the results were heavily against the president, merely the referendum was invalidated due to low turnout.^{[47] [ circular reference ]}

Russia [edit]

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

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

Singapore [edit]

The Constitution of Singapore allows the impeachment of a sitting president on charges of treason, violation of the Constitution, abuse, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as president. The prime minister or at to the lowest degree ane-quarter of all members of Parliament (MPs) tin pass an impeachment motion, which tin can succeed simply if at least half of all MPs (excluding nominated members) vote in favor, whereupon the chief justice of the Supreme Court volition 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 part past reason of mental or physical infirmity", Parliament will hold a vote on a resolution to remove the president from office, which requires a 3-quarters bulk to succeed.^[51] No president has e'er been removed from office in this fashion.

South Africa [edit]

When the Union of Southward Africa was established in 1910, the only officials who could be impeached (though the term itself was non used) were the chief justice and judges of the Supreme Court of Due south Africa. The telescopic was broadened when the country became a republic in 1961, to include the country president. Information technology was further broadened in 1981 to include the new role of vice land president; and in 1994 to include the executive deputy presidents, the public protector and the Auditor-Full general. Since 1997, members of sure commissions established past the Constitution can besides be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years.

S Korea [edit]

According to the Article 65 Clause 1 of Constitution of Republic of korea, if President, Prime Minister, or other state quango members including Supreme Court and Constitutional court members, violate the Constitution or other laws of official duty, the National Assembly tin impeach them. Clause2 states the impeachment bill may be proposed past 1 third or more than of the total members of the National Assembly, and shall require majority voting and approved by ii thirds or more than of the full members of the National Assembly. This commodity also states that any person against whom a movement for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated and shall not extend farther than removal from public office, provided that information technology shall non exempt the person impeached from civil or criminal liability.

Two presidents have been impeached since the establishing of the Commonwealth of Korea in 1948. Roh Moo-hyun in 2004 was impeached past the National Assembly but 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, Gauge Lim Seong-geun of the Busan Loftier Court was impeached by the National Assembly for meddling in politically sensitive trials, the first e'er impeachment of a judge in Korean history. Unlike presidential impeachments, only a uncomplicated 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 any member of the Cabinet upon the proposal of simple majority of its total members, and within a flow less than a month, the blessing of three-fifths of the total members.^[55] The investigation would exist carried out by a committee of fifteen members of the Associates, each nominated past the political parties in proportion to their representation therein. The committee would submit its report indicating the outcome of the investigation to the speaker within 2 months. If the investigation is not completed inside this period, the committee'south 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 exist discussed on the floor. Upon the approval of 2 thirds of the full number of the Assembly by secret vote, the person or persons, nearly whom the investigation was conducted, may be tried before the Constitutional Court. The trial would be finalized within three months, and if not, a onetime boosted flow 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 commodity shall likewise employ to the offenses for which the president allegedly worked during his term of office.

Ukraine [edit]

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 Country Security forces under the control of President Yanukovych led to deadly armed strength being used on the protestors. Following the negotiated return of Kyiv's Urban center Hall on 16 Feb 2014, occupied by the protesters since Nov 2013, the security forces idea they could also retake "Maidan", Independence Square. The ensuing fighting from 17 through 21 February 2022 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 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 as President of an integrated Ukraine. The president riposted that Parliament'due south acts were illegal equally they could laissez passer into law but by presidential signature.

United kingdom of great britain and northern ireland [edit]

In the U.k., in principle, everyone may exist prosecuted and tried by the two Houses of Parliament for any criminal offense.^[56] The first recorded impeachment is that of William Latimer, 4th Baron Latimer during the Good 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 past other forms of oversight including select committees, conviction motions, and judicial review, while the privilege of peers to trial simply in the Business firm of Lords was abolished in 1948,^[58] and thus impeachment, which has non kept up with mod norms of democracy or procedural fairness, is generally considered obsolete.^[56]

Usa [edit]

United States president Donald Trump was impeached past the House of Representatives in 2019, and then again in 2021, with one week left in role.

In the federal arrangement, the Commodity One of the United States Constitution provides that the Firm of Representatives has the "sole Power of Impeachment" and the Senate has "the sole Power to endeavour all Impeachments."^[59] Article Two provides that "The President, Vice President and all ceremonious Officers of the The states, shall be removed from Function on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."^[sixty] In the U.s.a., impeachment is the outset of 2 stages; an official may be impeached by a majority vote of the Firm, but conviction and removal from office in the Senate requires "the concurrence of 2 thirds of the members nowadays".^[61] Impeachment is coordinating to an indictment.^[62]

According to the House exercise manual, "Impeachment is a constitutional remedy to address serious offenses confronting the system of government. It is the offset step in a remedial procedure—that of removal from public office and possible disqualification from property farther office. The purpose of impeachment is non punishment; rather, its role is primarily to maintain constitutional authorities."^[63] Impeachment may be understood as a unique procedure involving both political and legal elements.^{[3] [iv] [5]} The Constitution provides that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to concur and enjoy whatever Office of honor, Trust or Profit nether the Us: but the Political party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Penalty, according to Police."^[64] Information technology is generally accepted that "a former President may be prosecuted for crimes of which he was acquitted past the Senate."^[65]

The U.S. Firm of Representatives has impeached an official 21 times since 1789: four times for presidents, 15 times for federal judges, once for a Cabinet secretary, and in one case 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, Bill Clinton in 1998, and Donald Trump twice: showtime in 2019, and a second time in 2021.^[67] All four impeachments were followed by amortization in the Senate.^[66] An impeachment procedure was also commenced against Richard Nixon, but he resigned in 1974 to avoid likely removal from role.^[68]

Well-nigh all land constitutions set forth parallel impeachment procedures for state governments, assuasive the state legislature to impeach officials of the state authorities.^[69] From 1789 through 2008, 14 governors have been impeached (including ii who were impeached twice), of whom seven governors were convicted.^[seventy]

Meet 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's Standard Desk Lexicon. Vol. 1 (1996 ed.). U.s.: Harper & Row, Publishers, Inc. p. 322. ISBN978-0-308-10353-5. one. To charge (a loftier public official) before a legally constituted tribunal with criminal offence or misdemeanor in office. 2. To bring discredit upon the honesty or validity of.
3. ^ ^{a b} Michael J. Gerhardt. "Impeachment is the police. Saying 'political process' simply helps Trump's narrative". Washington Mail. while information technology'southward truthful that politics are bound up in how impeachment plays out, it'south a myth that impeachment is just political. Rather, it's the principal legal remedy that the Constitution expressly specifies to concur presidents accountable
4. ^ ^{a b c} Michael J. Gerhardt (2019). The Federal Impeachment Process: A Constitutional and Historical Analysis (3d ed.). University of Chicago Press. pp. 106–07. ISBN9780226554976. The ratification debates support the conclusion that 'other high Crimes and Misdemeanors' were not express to indictable offenses just rather included nifty offenses against the federal government. ... Justices James Wilson and Joseph Story expressed understanding with Hamilton's understanding of impeachment as a political proceeding and impeachable offenses equally political crimes.
5. ^ ^{a b} Gerhardt, Michael (2018). Impeachment: What Everyone Needs to Know. New York, N.Y.: Oxford University Press. p. xx. ISBN978-0190903657. LCCN 2018013560. Impeachment has elements of both legal and political proceedings. As a result, information technology is a unique procedure.
6. ^ ^{a b c} Davidson, Roger (2005). "Impeachment". World Book Encyclopedia. Vol. I 10 (2005 ed.). Chicago. p. 92. ISBN0-7166-0105-2.
7. ^ "Impeachment". UK Parliament Glossary . Retrieved 5 February 2021. Impeachment is when a peer or commoner is defendant of 'high crimes and misdemeanours, beyond the reach of the law or which no other authority in the state will prosecute.'
8. ^ Lawler, David (nineteen December 2019). "What impeaching leaders looks similar around the earth". Axios . Retrieved eight Feb 2021.
9. ^ Huq, Aziz; Ginsburg, Tom; Landau, David. "Designing Better Impeachments: How other countries' constitutions protect against political free-for-alls". Boston Review . Retrieved eight Feb 2021. Constitutions in 9 democracies requite a courtroom—ofttimes the country'south constitutional court—the power to begin an impeachment; another 61 constitutions identify the courtroom at the end of the procedure.
10. ^ Ignacio Arana Araya, To Impeach or Non 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 Every bit a Weapon for Political Reform". Washington University Global Studies Constabulary Review. vii (1). ISSN 1546-6981.
12. ^ Peter Brandon Bayer (23 May 2019). "The Constitution dictates that impeachment must not exist partisan". The Conversation. Noted scholars Ronald Rotunda and John Nowak explicate that the Framers wisely intended the phrase "or other high Crimes and Misdemeanors" to include undermining the Constitution and like, "great offenses confronting the federal government (like abuse of power) even if they are non necessarily crimes.' For instance, Alexander Hamilton asserted that, while likely to exist criminal acts, impeachable wrongdoings 'are those offenses which continue from the misconduct of public men ... from the corruption or violation of some public trust.' James Madison urged that impeachment is appropriate for 'loss of capacity, or abuse ... [that] might exist fatal to the republic.'
13. ^ ^{a b} "Impeachment". U.Due south. Constitution Annotated. Congressional Research Service – via Legal Information Institute, Cornell Police School.
14. ^ ^{a b c} Cole, J. P.; Garvey, T. (29 October 2015). "Report No. R44260, Impeachment and Removal" (PDF). Congressional Enquiry Service. pp. fifteen–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 nine February 2021. {{cite spider web}}: CS1 maint: url-status (link)
16. ^ ^{a b} Obeng, J.Pashington (1996). Asante Catholicism; Religious and Cultural Reproduction among the Akan of Ghana. Vol. 1. ISBN978-90-04-10631-4.
17. ^ ^{a b} Maciel, Lourenço (8 February 2020). "Was it a insurrection? Republic and Constitutionality in the 2022 Brazilian Impeachment Process". Dilma Rousseff'south Impeachment . Retrieved 5 March 2021. {{cite web}}: CS1 maint: url-status (link)
18. ^ Andrew Jacobs (17 Apr 2016). "Brazil's Lower House of Congress Votes for Impeachment of Dilma Rousseff". The New York Times. Archived from the original on 3 January 2022. Retrieved 13 November 2016.
19. ^ "Constitution of Croatia". § 105. Archived from the original (PDF) on 28 June 2018. Retrieved 12 March 2017.
20. ^ Ústava České republiky. Psp.cz. Retrieved on 2016-10-23.
21. ^ Ústava České republiky. Psp.cz. Retrieved 2013-07-12.
22. ^ "Czech President Vaclav Klaus faces treason charge". BBC News. 4 March 2013. Retrieved 23 October 2016.
23. ^ Rob Cameron (28 March 2013). "Ramble Courtroom throws out treason charges against 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 Example 1986-1995
26. ^ https://hudoc.echr.coe.int/eng#{%22itemid%22 - NINN-HANSEN five. DENMARK
27. ^ https://world wide web.euronews.com/2021/01/14/inger-st-jberg-denmark-s-ex-immigration-minister-gear up-to-face-impeachment-trial - Inger Støjberg: Denmark'southward ex-immigration minister set to face impeachment trial
28. ^ https://www.euronews.com/2021/12/xiii/inger-st-jberg-kingdom of denmark-s-ex-immigration-minister-convicted-of-impeachment-over-asylum-poli - Inger Støjberg: Kingdom of denmark's ex-immigration minister convicted over illegal asylum seeker policy
29. ^ https://rigsretten.dk/aktuelt/2021/12/rigsretten-har-afsagt-dom-i-sagen-mod-fhv-minister-inger-stoejberg/ - The Supreme Court has ruled in the case against former Minister Inger Støjberg
30. ^ https://www.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
31. ^ "Le président de la République peut-il être destitué ? Et si oui, pour quelles raisons ?". Libération.fr. 25 July 2018. Archived from the original on 27 May 2019. Retrieved 17 March 2019.
32. ^ ^{a b} "Basic Police force of Hong Kong". basiclaw.gov.hk. Hong Kong Special Administrative Region Government. Archived from the original on 27 Jan 2015. Retrieved 13 November 2016.
33. ^ "Magyarország Alaptörvénye—Hatályos Jogszabályok Gyűjteménye". internet.jogtar.hu (in Hungarian). 25 Apr 2011. Retrieved 5 November 2019.
34. ^ "Fundamental Law of Hungary". www.constituteproject.org . Retrieved five November 2019.
35. ^ "The Prevention of Insults to National Honour (Amendment) Act of 1971" (PDF). Archived from the original (PDF) on 23 January 2017. Retrieved 2 July 2017.
36. ^ Cowell, Alan (13 December 1991). "President of Italia is Making Political Waves". The New York Times.
37. ^ "Italy parliament rejects bid to impeach President Napolitano". Reuters. xi February 2014.
38. ^ Horowitz, Jason (28 May 2018). "Italian President'south Loyalty to the Euro Creates Chaos". The New York Times. Archived from the original on 3 January 2022.
39. ^ "The Constitution of Japan". Japanese Law Translation . Retrieved 10 August 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 Principality of Liechtenstein" (PDF). hrlibrary.umn.edu. Legal Service of the Government of the Principality of Liechtenstein. 2003. Retrieved 13 Nov 2016.
42. ^ "The Constitution of the Democracy of Lithuania". Retrieved iv April 2016.
43. ^ "Lithuanian Parliament Removes Country'south President After Casting Votes on 3 Charges". The New York Times. 7 April 2004. Retrieved 4 April 2016.
44. ^ Chan-Robles Virtual Law Library. "The 1987 Constitution of the Republic of the Philippines—Commodity XI". Retrieved 25 July 2008.
45. ^ "Peru'due south leader faces impeachment". Bbc.com. 15 Dec 2017. Retrieved 28 Dec 2017.
46. ^ "Lawmakers who helped Peru president survive impeachment bid say commonwealth won". Efe.com. 22 Dec 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 16, 1999).
50. ^ Michael Wines, Drive to Impeach Russian President Dies in Parliament, New York Times (May 16, 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 9 February 2021.
53. ^ "Park Geun-hye fired as court upholds impeachment". Al Jazzera. ten March 2017.
54. ^ "Legislature impeaches gauge for political meddling". Korea JoongAng Daily. iv February 2021.
55. ^ "Grand National Assembly of Turkey" (PDF). tbmmgov.tr. 2018.
56. ^ ^{a b} Simson Caird, Jack (6 June 2016). "Commons Conference papers CBP-7612" (PDF). House of Commons Library. Retrieved 14 May 2019.
57. ^ Hutchison, Gary D (2017). "'The Manager in Distress': Reaction to the Impeachment of Henry Dundas, 1805–7" (PDF). Parliamentary History. 36 (2): 198–217. doi:10.1111/1750-0206.12295.
58. ^ For details, run into Judicial functions of the House of Lords § Trials.
59. ^ Firm Practice: A Guide to the Rules, Precedents and Procedures of the Business firm, chap. 27 (Impeachment). U.S. Government Publishing Function, p. 594 (quoting U.S. Const. fine art. I, Sec. 2, cl. 5; Sec. 3, cl. half-dozen.).
60. ^ ArtII.S4.i.2.i Offices Eligible for Impeachment, Constitution Annotated, Congress.gov.
61. ^ U.Southward. Constitution. Article I, § three, clause six. 12 November 2009.
62. ^ House Exercise: A Guide to the Rules, Precedents and Procedures of the House, chap. 27 (Impeachment). U.S. Government Publishing Function, p. 594: "An impeachment is instituted by a written accusation, chosen an 'Commodity of Impeachment,' which states the criminal offence charged. The articles serve a purpose similar to that of an indictment in an ordinary criminal proceeding. Manual Sec. 609."
63. ^ House Practice: A Guide to the Rules, Precedents and Procedures of the House, chap. 27 (Impeachment). U.S. Government Publishing Part, p. 591.
64. ^ Fine art I.S3.C7.1.1 Judgment in Cases of Impeachment: Overview, Constitution Annotated.
65. ^ Memorandum: Whether a Former President May Exist Indicted and Tried for the Same Offenses for Which He was Impeached past the Firm and Acquitted by the Senate, U.S. Department of Justice, Role of Legal Counsel (Baronial 18, 2000).
66. ^ ^{a b c} "U.S. Senate: Impeachment". www.senate.gov . Retrieved 19 September 2018.
67. ^ Maggie Astor (13 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 . Academy of Chicago Press. p. 27. ISBN9780226289571. attempted Impeachment of William O. Douglas.
69. ^ "Impeachment and the states: A look at the history, provisions in place". knowledgecenter.csg.org. ^{[ permanent dead link ]}
70. ^ Inquiry Response: Governors' Impeachments in U.S. History, Illinois Full general Assembly Legislative Research Unit (July 8, 2008).

Further reading [edit]

Expect upwardly impeachment in Wiktionary, the complimentary dictionary.

wellsadow1956.blogspot.com

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

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