Tag: Impeachment
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A Nightmare of Emergency Martial Law in South Korea – Followed by Charges of Insurrection and Impeachment
—Yoomin Won, Associate Professor at Seoul National University School of Law On December 3, 2024, the ghost of martial law, which had been thought to have disappeared, reappeared after 45 years, haunting the people like a nightmare. The constitutional power to demand the lifting of martial law — a safeguard in the 1987 Constitution —…
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“La Muerte Cruzada”: How Ecuador’s President Lasso ended an Impeachment Attempt by Decree
–Adwaldo Lins Peixoto Neto, Federal University of Minas Gerais, Belo Horizonte, Brazil. Presidential impeachment is a democratic but turbulent instrument of removing presidents who committed misdeeds without breaking the political and democratic system. In Ecuador, this institution has now worked adequately under the last constitution, and the Constitution promulgated in 2008 set a new institutional…
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Militant Democracy in America
—Miguel Schor, Drake University Law School Comparative constitutionalism, long a backwater among American constitutionalists, is enjoying a resurgence as scholars seek to better understand Trumpism and what it might portend for American democracy. The term autogolpe began to trend when a mob attacked the Capitol after Trump, who knows little about Henry II or Thomas…
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Symposium on The Legacies of Trumpism and Constitutional Democracy in the United States | Part II | The Dilemma of Democratic Disqualification: The New Trump Impeachment Process in Comparative Perspective
[Editor’s Note: In light of this week’s inauguration, I-CONnect is pleased to feature a five-part symposium on the state of US constitutionalism after Trump. The introduction to the symposium can be found here.] —Aziz Huq, University of Chicago Law School; David Landau, Florida State University College of Law; and Tom Ginsburg, University of Chicago Law…
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Symposium on The Legacies of Trumpism and Constitutional Democracy in the United States | Part I |
Can it Happen–Is It Happening Here?[Editor’s Note: In light of this week’s inauguration, I-CONnect is pleased to feature a five-part symposium on the state of US constitutionalism after Trump. The introduction to the symposium can be found here.] —Andrea Scoseria Katz, Washington University School of Law Blaring on the TV as this post is being finalized is the U.S.
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Symposium | Introduction | The Legacies of Trumpism and Constitutional Democracy in the United States
[Editor’s Note: In light of this week’s inauguration, I-CONnect is pleased to feature a symposium on the state of US constitutionalism after Trump. This introduction will be followed by five posts exploring different aspects of the U.S.’s constitutional democracy in comparative perspective.]
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High Crimes and Misdemeanors: The Surprising Rarity of the US Impeachment Standard
—Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] As the attention of many observers of law and politics is fixed on the impeachment process now underway in the United States…
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Symposium on “The Slovak Constitutional Court Appointments Case”–Intermezzo to the Constitutional Conflict in Slovakia: A Case Critique
[Editor’s Note: This is the second of five parts in our symposium on “The Slovak Constitutional Court Appointments Case.” The introduction to the symposium is available here.] —Simon Drugda, Centre for Socio-Legal Studies, University of Oxford On December 6 the first Senate of the Slovak Constitutional Court (CC) held that President Andrej Kiska infringed rights of the…
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“Constitutional Dismemberment” and Political Crisis in Brazil: Populism in Sight?
—Juliano Zaiden Benvindo, University of Brasília Jon Elster once wrote that “… the task of constitution-making generally emerges in conditions that are likely to work against good constitution-making.”[1] Passion – as he puts it – prevails over reason in such turbulent circumstances.
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Is There an Optimal Constitutional Design for Presidential Impeachments?
—Juliano Zaiden Benvindo, University of Brasília Comparative constitutional law is now faced with a rich debate over the scope, limits, and consequences of impeachment proceedings. Since the Brazilian President Dilma Roussef was temporarily suspended from office and thereby replaced by the acting President Michel Temer after the Senate had voted to begin an impeachment trial…