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= Impeachment =
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Introduction
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Impeachment is the process by which a legislative body levels charges
against a government official. Impeachment does not in itself remove
the official definitively from office; it is similar to an indictment
in criminal law, and thus it is essentially the statement of charges
against the official. In some countries, the impeached official is
provisionally removed, while in others, they remain in office during
the trial. An impeached official must face the possibility of
conviction — in many jurisdictions, by another legislative vote — and
a judgment that convicts the official on the articles of impeachment
generally entails the official's definitive removal from office.
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.
Etymology and history
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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 in 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
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 symbolizes 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.
Austria
=========
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.
Brazil
========
The president of the Federative Republic of Brazil may be impeached by
the Chamber of Deputies and tried and removed from office by the
Federal Senate. The Brazilian Constitution requires that two-thirds of
the Deputies vote in favor of the impeachment of the President and
two-thirds of the Senators vote for conviction in the subsequent trial
for removal from office. State governors and municipal mayors can also
be impeached, tried and removed 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 Chamber of Deputies and her
conviction by trial in the Senate, she was definitively replaced by
Vice President Michel Temer, who had served as acting president while
Rousseff's case was pending in the Senate.
Bulgaria
==========
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.
Croatia
=========
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.
Czech 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 Parliament. 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.
France
========
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.
Germany
=========
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.
Hong Kong
===========
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.
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.
Hungary
=========
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.
Iceland
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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.
India
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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.
Iran
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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.
Ireland
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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.
Italy
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In Italy, according to Article 90 of the Constitution, the President
of the Republic 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), Giorgio Napolitano (2014) and Sergio
Mattarella (2018).
Japan
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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.
[http://www.sotsui.go.jp/ 裁判官訴追委員会] [http://www.dangai.go.jp/
裁判官弾劾裁判所] The former has a role similar to prosecutor and the latter
is analogous to Court. Seven judges were removed by them.
Liechtenstein
===============
Members of the Liechtenstein Government can be impeached before the
State Court for breaches of the Constitution or of other laws. 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". 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.
Lithuania
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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.
Norway
========
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.
Pakistan
==========
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.
Philippines
=============
Impeachment in the Philippines follows procedures similar to the
United States. Under Sections2 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.
Impeachable offenses and officials
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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.
Impeachment proceedings and attempts
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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 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.
Poland
========
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.
Romania
=========
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.
Russia
========
Boris Yeltsin, as president of Russia, survived several impeachment
attempts
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, the Supreme Soviet
formally impeached then-President Boris Yeltsin, who previously
dissolved the parliament by his decree. Yeltsin and most of his
ministers ignored the vote. After several days of violence, leaders of
the Supreme Soviet surrendered and were arrested, and their decisions
were annulled by Yeltsin.
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.
Previously, in 1964, Soviet Premier Nikita Khrushchev was relieved
from his duties by the Presidium of the Supreme Soviet, a procedure
similar to impeachment.
Singapore
===========
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.
South Korea
=============
According to the Article 65 Clause 1 of Constitution of South Korea,
if President, Prime Minister, or other state council members including
Supreme Court and Constitutional court members, violate the
Constitution or other laws of official duty, the National Assembly can
impeach them. Clause2 states the impeachment bill may be proposed by
one third or more of the total members of the National Assembly, and
shall require majority voting and 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.
Taiwan
========
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.
Turkey
========
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.
Ukraine
=========
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.
United Kingdom
================
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.
United States
===============
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: