Impeachment In A Global Context

This book considers the use of impeachment in a global context. Leading scholars and experts give an insight into significant periods in the development of impeachment and its modern comparative use. It presents the definitive text on impeachment for students and scholars in comparative public law, politics, and constitutional studies.

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.

Impeachment: What Everyone Needs to Know® is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

Documents the emergence of a pattern of political instability in Latin America. Traditional military coups have receded in the region, but elected presidents are still ousted from power as a result of recurrent crises. Aníbal Pérez-Liñán shows that presidential impeachment has become the main constitutional instrument employed by civilian elites to depose unpopular rulers. Based on detailed comparative research in five countries and extensive historical information, the book explains why crises without breakdown have become the dominant form of instability in recent years and why some presidents are removed from office while others survive in power. The analysis emphasizes the erosion of presidential approval resulting from corruption and unpopular policies, the formation of hostile coalitions in Congress, and the role of investigative journalism. This book challenges classic assumptions in studies of presidentialism and provides important insights for the fields of political communication, democratization, political behaviour, and institutional analysis.

This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the 19th century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the 21st century. The book will be an essential resource for students, academics and researchers in law, political science and history.

"Impeaching the President is lucid, balanced, and deeply informed. Anyone in search of a reasoned guide to the unreason of our current situation should read it."—Elizabeth Kolbert, Pulitzer Prize-winning author of The Sixth Extinction "Ousting a president is a complicated and uncertain endeavor, according to this perceptive study of impeachments. … [This book] shrewdly assesses the impeachability of President Trump based on his alleged offenses . … Hirsch's lucid prose and careful analysis make the book a fine corrective to cavalier popular rhetoric surrounding discussions of impeachment."— Publishers Weekly "A masterpiece for the masses."—Ralph Nader "Amid the partisan passion, an illuminating primer of analysis and context lowers the temperature on this hot-button issue. . . . A cogent analysis that builds a common-sense case for proceeding with caution and against using impeachment as a partisan weapon."—Kirkus Reviews " The reader gets a hearty mix of American history, political intrigue, and constitutional law, all adhered with Hirsch's amazing writing. He captures the political chaos surrounding each prior case, yanking the reader out of our present exceptionalism to see the evolution of impeachment with the proper context and clarity. Can't recommend it enough."—Travis Cohen, Brookline Booksmith, MA "In an era when the notion of impeachment is tossed around as the ultimate political indictment, Alan Hirsch guides us with a steady hand through our own history to consider the three presidents who faced that ultimate punishment. This is a sober, precise, and carefully argued analysis that should be read by every member of Congress—and every president."—David K. Shipler, former reporter for the New York Times and Pulitzer Prize recipient "Alan Hirsch brings clarity, wisdom, and wit to a contentious and critical subject. Impeaching the President is must reading for all concerned citizens."—Howard Shapiro, former FBI General Counsel "Incredibly readable, well-researched, analytically sound and important."—Alan B. Morrison, Associate Dean for Public Interest & Public Service at the George Washington Law School Donald J. Trump is only the third president in U.S. history to be impeached. Constitutional scholar Alan Hirsch offers clear and to-the-point guidance for all matters relating to removing a sitting president, including: the Founders' vision for checking presidential power; the impeachment stories of presidents Andrew Johnson, Richard Nixon, and Bill Clinton; wrongdoing in the Trump administration; and the availability of the 25th Amendment and presidential self-pardon. Illustrated throughout with historical engravings, photographs, and other impeachment documentation, this concise, timely, and accessible analysis offers an invaluable perspective on how the Constitution provides stability during times of political upheaval.

NATIONAL BESTSELLER “Lichtman has written what may be the most important book of the year.” —The Hill What are the ranges and limitations of presidential authority? What are the standards of truthfulness that a president must uphold? What will it take to impeach Donald J. Trump? Professor Allan J. Lichtman, who has correctly forecasted thirty years of presidential outcomes, answers these questions, and more, in TheCase for Impeachment—a deeply convincing argument for impeaching the 45th president of the United States. In the fall of 2016, Allan J. Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. Now, in clear, nonpartisan terms, Lichtman lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election, the complicated financial conflicts of interest at home and abroad, and his abuse of executive authority. The Case for Impeachment also offers a fascinating look at presidential impeachments throughout American history, including the often-overlooked story of Andrew Johnson’s impeachment, details about Richard Nixon’s resignation, and Bill Clinton’s hearings. Lichtman shows how Trump exhibits many of the flaws (and more) that have doomed past presidents. As the Nixon Administration dismissed the reporting of Bob Woodward and Carl Bernstein as “character assassination” and “a vicious abuse of the journalistic process,” Trump has attacked the “dishonest media,” claiming, “the press should be ashamed of themselves.” Historians, legal scholars, and politicians alike agree: we are in politically uncharted waters—the durability of our institutions is being undermined and the public’s confidence in them is eroding, threatening American democracy itself. Most citizens—politics aside—want to know where the country is headed. Lichtman argues, with clarity and power, that for Donald Trump’s presidency, smoke has become fire.