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Impeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it comprises only a formal statement of charges, akin to an indictment in criminal law, and thus is only the first step towards possible removal. Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office.Because impeachment and conviction of officials involves an overturning of the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, typically only those deemed to have seriously abused their offices will suffer impeachment.
One tradition of impeachment has its origins in the law of England, where the procedure last took place in 1806. Impeachment exists under constitutional law in many nations around the world, including the United States, Russia, the Philippines and the Republic of Ireland.
1 United Kingdom
1.1 Procedure
In the United Kingdom, the House of Commons holds the power of impeachment. Any member may make accusations of high treason or high crimes and misdemeanours. The member must support the charges with evidence and move for impeachment. If the Commons carries the motion, the mover is ordered to go to the bar at the House of Lords and impeach the accused "in the name of the House of Commons, and all the commons of the United Kingdom."
The mover must tell the Lords that the House of Commons will, in due time, exhibit particular articles against the accused, and make good the same. The Commons then usually selects a committee to draw up the charges and create an "Article of Impeachment" for each. (In the case of Warren HastingsWarren Hastings ( December 6 1732 August 22 1818) was the first governor-general of British India, from 1773 to 1786. He was famously impeached in the 1780s for corruption. Warren Hastings was born December 6 1732 at Churchill, Oxfordshire. He joined the, however, the drawing up of the articles preceded the formal impeachment.) Once the committee has delivered the articles to the Lords, replies go between the accused and the Commons via the Lords.
If the Commons have impeached a peer, the Lords take custody of the accused, otherwise custody goes to Black RodThe Gentleman Usher of the Black Rod generally shortened to just Black Rod is an official of a figure in the parliaments of a number of Commonwealth countries. The position originates in the House of Lords of the British Parliament where they represented. The accused remains in custody unless the Lords allow bail. The Lords set a date for the trial while the Commons appoints managers, who act as prosecutors in the trial. The accused may defend by counselCounsel as in legal counsel, means the assistance of a lawyer..
The House of Lords hears the case, with the Lord ChancellorThe Lord High Chancellor of Great Britain or Lord Chancellor and in former times Chancellor of England is one of the most senior and important functionaries in the government of the United Kingdom. He is a Great Officer of State, and is appointed by the S presiding (or the Lord High StewardThe position of Lord High Steward of England, not to be confused with the Lord Steward, a court functionary, is the first of the Great Officers of State. Although initially the position was largely an honorary one, over time it grew in importance until it if the impeachment relates to a peerA peer is a person of the same age, status, or ability as another specified person. See also peer group. A peer is also a member of the peerage, or nobility, in Britain or Ireland, comprising the ranks of duke, marquess, earl, viscount, or baron. A simila accused of high treason.) The hearing resembles an ordinary trial: both sides may call witnesses and present evidence. At the end of the hearing the Lord Chancellor puts the question on the first article to each member in order of seniority, commencing with the most junior peer, and ending with himself, and after all have voted, proceeds to deal with any remaining articles similarly. Upon being called, a Lord must rise and declare upon his honour, "Guilty" or "Not Guilty". After voting on all of the articles has taken place, and if the Lords find the defendant guilty, the Commons may move for judgment; the Lords may not declare the punishment until the Commons have so moved. The Lords may then provide whatever punishment they find fit, within the law. A Royal PardonA pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a sovereign power, such as a monarch. Clemency is an associated term which is the lessening of the penalty of the crime without forgiving the crime itself. The act cannot excuse the defendant from trial, but a Pardon may reprieve a convicted defendant.
