97-457: Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Europe and Latin America , impeachment tends to be confined to ministerial officials as the unique nature of their positions may place ministers beyond
194-693: A country , nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government . Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament ). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend
291-626: A vote of no confidence . On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Nevertheless, many presidential systems provide for the impeachment of the executive for criminal or unconstitutional behaviour. Legislatures will sometimes delegate their legislative power to administrative or executive agencies . Legislatures are made up of individual members, known as legislators , who vote on proposed laws. A legislature usually contains
388-622: A Parliamentary powers index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag , the Italian Parliament , and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by the Federal Parliament of Somalia ) tied for least powerful. Some political systems follows
485-660: A current or former minister, an Impeachment Court is called into session. In Denmark the Impeachment Court consists of up to 15 Supreme Court judges and 15 parliament members appointed by the Danish Parliament. The members of the Impeachment Court in Denmark serve a six-year term in this position. In 1995 the former Minister of Justice Erik Ninn-Hansen from the Conservative People's Party was impeached in connection with
582-553: A departure from the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority , it is 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 "—the latter phrase referring to offenses against
679-599: A direct result and consequence of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power. In February 2021 the former Minister for Immigration and Integration Inger Støjberg at that time member of the Danish Liberal Party Venstre was impeached when it was discovered that she had possibly against both Danish and International law tried to separate couples in refugee centres in Denmark, as
776-503: A dismissal opinion) of the committee, in order to authorize the Senate impeachment proceedings. The President is suspended (provisionally removed) from office 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
873-458: A few of the members of the chamber(s). The members of a legislature usually represent different political parties ; the members from each party generally meet as a caucus to organize their internal affairs. Legislatures vary widely in the amount of political power they wield, compared to other political players such as judiciaries , militaries , and executives . In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed
970-442: A fixed number of legislators; because legislatures usually meet in a specific room filled with seats for the legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for example, in the phrases " safe seat " and " marginal seat ". After election,
1067-418: 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. Legislative body A legislature is a deliberative assembly with the legal authority to make laws for a political entity such as
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#17328489530921164-463: 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
1261-613: A single session; the vote on President Rousseff took over 20 hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the President from office, installs the Vice President as acting president, and begins a 20-day period for written defense as well as up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that
1358-526: A single unit is unicameral , one divided into two chambers is bicameral , and one divided into three chambers is tricameral . In bicameral legislatures, one chamber is usually considered the upper house , while the other is considered the lower house . The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of
1455-584: A time when the English court was perceived by much of the English population to be corrupt, and its traditional name was due to the sincere efforts by its members to reform the government. It had a formidable enemy, however, in John of Gaunt , fourth son of Edward III and the effective ruler of England at the time. Parliament had not met since November 1373, 2½ years previously, because Edward III and his councilors recognised
1552-435: Is indirectly elected within the context of a one-party state . Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to
1649-423: Is a political question that is nonjusticiable ( i.e. , is not reviewable by the courts). In the United States, impeachment is a remedial rather than penal process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office"; persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." Impeachment
1746-492: Is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment. In 1976, after being criticised by a minister , Cearbhall Ó Dálaigh resigned "to protect the dignity and independence of the presidency as an institution", although there was no question of impeachment. While the Constitution also states that Comptroller and Auditor General and justices of
1843-488: Is controlled by the Oireachtas (parliament) with one house ( Dáil or Seanad ) preferring a charge and the other directing the ensuing investigation and final vote. The charge requires a motion signed by at least thirty members and consequent resolution supported by at least two-thirds of the total membership. The investigation may be made by the house itself or delegated to another "court, tribunal or body". The president
1940-403: Is deemed adopted. However, if the majority rejects the rapporteur's opinion, the committee adopts an alternative opinion proposed by the majority. For instance, if the rapporteur recommends against impeachment but fails to secure majority support, the committee will adopt the opinion to proceed with impeachment. Conversely, if the rapporteur advises impeachment but does not obtain majority approval,
2037-403: Is given ten parliamentary sessions to present their defense. Following this, two legislative sessions are held to allow for the formulation of a legal opinion by a rapporteur regarding whether or not impeachment proceedings should be initiated and brought to trial in the Senate. The rapporteur's opinion is subject to a vote within the committee. If the majority accepts the rapporteur's opinion, it
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#17328489530922134-490: Is provided for in the constitutional laws of many countries including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. It is distinct from the motion of no confidence procedure available in some countries whereby a motion of censure can be used to remove a government and its ministers from office. Such a procedure is not applicable in countries with presidential forms of government like
2231-411: Is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for former Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was made suspended
2328-406: Is removed from office only if at least two-thirds of the total membership of the investigating house support an ensuing resolution that, not only has the charge been sustained, but also the misbehaviour was serious enough to render the president "unfit to continue in office". As of January 2024 no impeachment of a president has ever taken place. The dignity of what is a largely ceremonial office
2425-698: 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
2522-770: 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. Article 2 of Law no. 1.079, from 10 April 1950, or "The Law of Impeachment", states that "The crimes defined in this law, even when simply attempted, are subject to
2619-517: The Commission on Audit ), and the ombudsman . When a third of its membership has endorsed article(s) of impeachment , 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
2716-588: The Constitution or the national laws . The process of impeachment is written in the 68th article of the French Constitution . Either the National Assembly or the Senate can begin the process. Then, the impeachment proposal must be transmitted to the other house, which can acknowledge the impeachment process within 15 days. After the upper and lower houses' agreement, they unite in joint session to form
2813-416: The Constitution of Japan , judges can be impeached. The voting method is specified by laws. The National Diet has two organs, namely 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
2910-627: The European Union . The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913. Tricameral legislatures are rare;
3007-592: The High Court . The High Court must decide whether or not to declare the removal from office of the president. The impeachment procedure in front of the National Assembly and the Senate, as well as the removal from office by the High Court require a majority of two thirds of the members of the House involved or of the High Court; no proxy voting is allowed. The federal president of Germany can be impeached both by
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3104-643: The Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White-minority rule in South Africa . Tetracameral legislatures no longer exist, but they were previously used in Scandinavia. The only legislature with a number of chambers bigger than four was the Federal Assembly of Yugoslavia ; initially established as a Pentacameral body in 1963, it
3201-585: The Parliament of the United Kingdom , the floor of the legislature frequently sees lively debate. In contrast, in committee-based legislatures like the United States Congress , deliberation takes place in closed committees. While legislatures have nominally the sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures
3298-573: The President of Ireland may be impeached for "stated misbehaviour". The president may not be otherwise removed from office or made answerable for his actions, although if five judges of the Supreme Court rule that he has become "permanently incapacitated" then a new presidential election must be held within 60 days and the Presidential Commission will deputise in the interim. Impeachment
3395-567: The Senate of the Czech Republic which has the right to only impeach the president. After the approval by the Chamber of Deputies, the case is passed 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
3492-583: The Tamil Case . The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka were put on hold 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
3589-615: The cube root of its population ; that is, the size of the lower house tends to increase along with population, but much more slowly. Good Parliament List of parliaments of England List of acts of the Parliament of England The Good Parliament is the name traditionally given to the English Parliament of 1376. Sitting in London from April 28 to July 10, it was the longest Parliament up until that time. It took place during
3686-656: 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
3783-509: The oaths taken during their 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 were lost, as he could not exercise any powers he had as king; this included Chief administrator, Judge, and Military Commander. The now previous king
3880-530: The superior courts can be removed from office for "stated misbehaviour", it does not describe this as impeachment and the requirement in each case is simple resolution by each house of the Oireachtas. The process is nevertheless informally called "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
3977-649: 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). By Article 78 of
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4074-502: The Court. In Denmark the possibility for current and former ministers being impeached was established with the Danish Constitution of 1849. Unlike many other countries Denmark does not have a Constitutional Court who would normally 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 former minister have been impeached. The role of
4171-408: The Czech Republic again. No Czech president has ever been impeached, though members of the Senate sought to impeach President Václav Klaus in 2013 . This case was dismissed by the court, which reasoned that his mandate had expired. The Senate also proposed to impeach president Miloš Zeman in 2019 but the Chamber of Deputies did not vote on the issue in time and thus the case did not even proceed to
4268-628: The Estates . The oldest surviving legislature is the Icelandic Althing , founded in 930 CE. Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight. There exist five ways that representation can be achieved in a legislature: One of the major functions of a legislature is to discuss and debate issues of major importance to society. This activity can take place in two forms. In debating legislatures, such as
4365-587: The European assemblies of nobility which the monarchs would have to consult before raising taxes. For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information. There are several ways in which the legislature can hold the executive branch (the administration or government) accountable. This can be done through hearings, questioning , interpellations , votes of confidence ,
4462-540: The Impeachment Court is to process and deliver judgments against current and former ministers who are accused of unlawful conduct in office. The legal content of ministerial responsibility is laid down in the Ministerial Accountability Act which has its background in section 13 of the Danish Constitution, according to which the ministers' accountability is determined in more detail by law. In Denmark
4559-734: 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 cannot 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
4656-602: 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
4753-423: 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 also 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 Article 5 of
4850-436: The President of the Chamber of Deputies holds prerogative to accept the charge, which if accepted will be read at the next session and reported to the President of the Republic. Extraordinary Committee: An extraordinary committee is established, consisting of members from each political party in proportion to their party's membership. The committee is responsible for assessing the need for impeachment proceedings. The President
4947-575: 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
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#17328489530925044-417: 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 within three months. 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
5141-413: 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, a crime of responsibility under the Constitution. On 12 May 2016, after 20 hours of deliberation, the admissibility of
5238-528: The Senate published in the Official Diary of the Union the step-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with time constraints imposed on the steps taken. The committee's 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 within
5335-581: The Succession. 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
5432-498: The Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority for conviction, the accused is acquitted. Upon conviction, the officeholder has his or her 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,
5529-493: The United States) involve the courts (often a national constitutional court ) in some way. In Latin America, which includes almost 40% of the world's presidential systems , ten presidents from seven countries were removed from office by their national legislatures via impeachments or declarations of incapacity between 1978 and 2019. National legislations differ regarding both the consequences and definition of impeachment, but
5626-487: The United States. 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). The process
5723-450: The accusation was approved by the Senate with 55 votes in favor and 22 against (an absolute majority would have been sufficient for this step) and Vice President Michel Temer was notified to assume the duties of the President pending trial. On 31 August, 61 senators voted in favor of impeachment and 20 voted against it, thus achieving the 2 ⁄ 3 majority needed for Rousseff's definitive removal. A vote to disqualify her for five years
5820-419: The budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected , although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper house . The name used to refer to a legislative body varies by country. Common names include: By names: By languages: Though
5917-577: 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 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
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#17328489530926014-420: The committee will adopt the opinion not to impeach. If the committee vote is successful, the rapporteur's opinion is considered adopted, thereby determining the course of action regarding impeachment. Chamber of Deputies: The Chamber issues a call-out vote to accept the opinion of the committee, requiring a supermajority of two thirds in favor of an impeachment opinion (or a supermajority of two thirds against
6111-408: 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 cross-examined; all questions must be presented to the president of the Supreme Court, who, as prescribed in the Constitution, presides over
6208-412: The constitution. The accused has 15 days to present written arguments in defense and answer to the evidence gathered, and then the committee shall issue an opinion on the merits within ten days. The entire package is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a simple majority and close the case otherwise. Senate trial: A hearing for
6305-544: 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
6402-399: The danger of calling a parliament during a period of dissatisfaction. However, the need for funds was so pressing in 1376 that another parliament was necessary. Once the members were assembled, they were determined to clean up the corrupt Royal Council . Peter de la Mare , a knight of the shire representing Herefordshire , had been elected as Speaker by the House of Commons , and on
6499-516: The executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of the Americas have more independence in drafting and amending bills. The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to
6596-477: The first day he delivered an address criticising England's recent military failures, condemning the corruption at court, and calling for close scrutiny of the royal accounts. Richard Lyons (Warden of the Mint) and Lord Latimer , who were believed to be robbing the treasury, were called before Parliament and then imprisoned. Latimer's impeachment is the earliest recorded in Parliament. The king's mistress, Alice Perrers ,
6693-472: The formation of committees. Parliaments are usually ensured with upholding the rule of law, verifying that public funds are used accountably and efficiently as well as make government processes transparent and actions so that they can be debated by the public and its representatives. Agora notes that parliamentary systems or political parties in which political leaders can influence or decide which members receive top jobs can lead to passivity amongst members of
6790-505: The future Richard II , as successor to Edward. Both John and the King swore to recognise Richard, and soon after Parliament summoned Richard and acknowledged him as heir to the throne. The members were swayed by the immense prestige of Prince Edward, the country's greatest military hero at the time. Parliament then imposed a new set of councillors on the king: Edmund Mortimer , the Earl of March; William Courtenay , Bishop of London; and William of Wykeham , Bishop of Winchester. Parliament
6887-400: The government or the constitution, grave abuses of power , violations of the public trust , or other political crimes , even if not indictable criminal offenses. Under the United States Constitution , the House of Representatives has the sole power of impeachments while the Senate has the sole power to try impeachments ( i.e. , to acquit or convict); the validity of an impeachment trial
6984-444: The intent is nearly always to expeditiously vacate the office. In most nations the process begins in the lower house of a bicameral assembly who bring charges of misconduct, then the upper house administers an impeachment trial and sentencing. Most commonly, an official is considered impeached after the house votes to accept the charges, and impeachment itself does not remove the official from office. Because impeachment involves
7081-435: The legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called a quorum . Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of
7178-406: The lower house. In some systems, particularly parliamentary systems , the upper house has less power and tends to have a more advisory role, but in others, particularly federal presidential systems , the upper house has equal or even greater power. In federations , the upper house typically represents the federation's component states. This is also the case with the supranational legislature of
7275-513: The members may be protected by parliamentary immunity or parliamentary privilege , either for all actions the duration of their entire term, or for just those related to their legislative duties. A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies , called by various names including legislative chambers , debate chambers , and houses , which debate and vote separately and have distinct powers. A legislature which operates as
7372-494: 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. Impeachment in
7469-463: The normal practice in terms of impeachment cases is that it needs to be brought up in the Danish Parliament ( Folketing ) first for debate between the different members and parties in the parliament. After the debate the members of the Danish Parliament vote on whether a current or former minister needs to be impeached. If there is a majority in the Danish Parliament for an impeachment case against
7566-407: The party and less challenging of leadership. Agora notes that this phenomenon is acute if the election of a member is dependant on the support of political leadership. In contrast to democratic systems, legislatures under authoritarianism are used to ensure the stability of the power structure by co-opting potential competing interests within the elites, which they achieve by: Each chamber of
7663-604: The penalty of loss of office, with disqualification for up to five years for the exercise of any public function, to be imposed by the Federal Senate in proceedings against the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General." Initiation: An accusation of a responsibility crime against the President may be brought by any Brazilian citizen; however,
7760-518: 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
7857-420: 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,
7954-419: The president's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office. 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
8051-409: The principle of legislative supremacy , which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution . Such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government , the executive is responsible to the legislature, which may remove it with
8148-402: The reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both " peers and commoners " have been subject to the process, however. From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries. Most democracies (with the notable exception of
8245-575: The specific roles for each legislature differ by location, they all aim to serve the same purpose of appointing officials to represent their citizens to determine appropriate legislation for the country. Among the earliest recognised formal legislatures was the Athenian Ecclesia . In the Middle Ages , European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures. These were often named
8342-411: 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 issue their judgement. On conviction by a supermajority of two thirds, the president of
8439-467: The violation of the Constitution under Article 361 of the constitution. However, a president after his/her removal can be punished for her/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 Constitution of Ireland states
8536-572: The wives of the couples were under legal age. According to a commission report Inger Støjberg had also lied in the Danish Parliament and failed to report relevant details to the Parliamentary Ombudsman The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141–30 vote and decision (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On 13 December 2021 former Minister for Immigration and Integration Inger Støjberg
8633-542: Was a minor aged 15–17, had to be separated and accommodated separately in separate asylum centers. On 21 December, 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. In France the comparable procedure is called destitution . The president of France can be impeached by the French Parliament for willfully violating
8730-749: Was called and condemned to seclusion. John of Gaunt raised the question of the Salic law , which was the basis for the French case against Edward III's claim to the Crown of France , suggesting that the English follow the French custom, but was unable to sway the assembly to his point of view. Meanwhile, the eldest prince of the realm, Edward the Black Prince , was dying. Having taken a house in London, he summoned both Edward III and John of Gaunt and made them swear to recognise his son,
8827-486: Was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison. The majority of the judges in the special Court of Impeachment (25 out of 26 judges) found that it had been proven that Inger Støjberg on 10 February 2016 decided that an accommodation scheme should apply without the possibility of exceptions, so that all asylum-seeking spouses and cohabiting couples where one
8924-553: Was disposed of the Stool, swords and other regalia which symbolized his office and authority. He also lost the position as custodian of the land. However, despite being destooled from office, the king remained a member of the royal family from which he was elected. 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
9021-456: Was dissolved in July. The following autumn, John of Gaunt attempted to undo its work. He barred the admission of the new councillors assigned to the king. He threw Peter de la Mare into prison at Nottingham . He dismissed the new council and recalled Latimer. Alice of Perrers was restored to the company of the king. John also attacked William of Wykeham. In 1377, John had another parliament convene,
9118-516: Was especially in relation to Ninn-Hansen's personal circumstances, in particular, his health and age – Ninn-Hansen was 73 years old when the sentence was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the Court of Impeachment was not impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As
9215-492: Was first used by the English " Good Parliament " against William Latimer, 4th Baron Latimer in the second half of the 14th century. Following the English 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
9312-453: Was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor. 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
9409-508: Was turned into a hexacameral body in 1967. Legislatures vary widely in their size. Among national legislatures , China's National People's Congress is the largest with 2,980 members, while Vatican City 's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress
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