The concept and procedures of impeachment. A comparison between Nigeria and the United States of America


Book Description

Bachelor Thesis from the year 2019 in the subject Politics - International Politics - General and Theories, grade: 63/100, University of Jos, course: Law, language: English, abstract: The ultimate aim of this paper is to critically analyse comparatively the concept of impeachment and its procedures in Nigeria and the United States of America. The essence of this work can only be achieved through a comparative approach. The aim of the comparison is fully encapsulated in the opinion of some writers. The objectives of this long essay are: To understand the procedure of impeachment and the attitude of the judiciary towards impeachment in Nigeria and in the United States of America. To bring to bear the inadequacies in the procedure of impeachment in both Nigeria and the United States of America. To compare both countries with the aim of improving their individual procedure of impeachment. Proffer solutions to the problems discovered in the course of the research. An executive officer leaves office not only at the expiration of his tenure, or his death, or incapacitation as it is the ideal, but also upon impeachment. Impeachment is another potent and unusual way of removing an executive officer. However, impeachment which is supposed to be an instrument to check the excesses of executive officers in the hands of the legislature has become a tool in the hands of political parties and politicians to remove from office an executive officer who is from another political party or who is not a "loyalist". This practice is more peculiar to Nigeria where impeachment has become a tool for settling political scores. This therefore amounts to an abuse of the power of impeachment conferred on the legislature. This underscores the essence of this research because a comparative analysis of the procedure for impeachment in Nigeria and the United States of America will expose the lapses in both legal systems and proffer solutions to such lapses. These lapses are the problem this research work intends to resolve. This research work intends to answer the following questions: What does impeachment entail in Nigeria and the United States of America? Who can be impeached in Nigeria and the United States of America? What is the procedure for impeachment in Nigeria and the United States of America? What are the differences in the procedure for impeachment in Nigeria and the United States of America? How can this procedure be breached? Should there be differences, will that amount to a gap? And which is the standard for impeachment to establish the basis for amending the other?




Comparative Constitutional Law


Book Description

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.




Impeachment in a Global Context


Book Description

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


Book Description

Contents: (1) Introduction; (2) Background: The Constitutional Framework; Judicial Decisions Related to Impeachment; Some Basic Research Tools to Assist in Impeachment Proceedings; A Brief History and Some Preliminary Issues Relating to Impeachment; Who Are ¿Civil Officers of the United States¿ Under Article II, Sec. 4 of the Constitution?; What Kinds of Conduct May Give Rise to an Impeachment?; (3) Conclusions and Other Observations.




The Impeachment Inquiry: Its Meaning


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Impeachment


Book Description

When America's Founding Fathers were setting up the new government, they wanted to ensure their leaders would be held accountable. For that reason, they established rules and regulations around the practice of impeachment--the ability to charge, convict, and remove a public official should he or she become corrupted by power or fail to carry out the duties of the office. Today, the impeachment process remains one of the most serious government functions. It is rarely used, but its potential to alter the political landscape is great. Though many Americans are aware of the concept of impeachment, the details can be obscure. This book gets to the root of the impeachment process, with facts about its origins in medieval England, its place in the U.S. Constitution, and instances where impeachment proceedings have been launched in American history. From the roles of the House of Representatives and the Senate in an impeachment trial to current debates around impeachment, this volume of the Know Your Government series gives you all the tools you need to grasp one of the most misunderstood legal procedures.




Impeachment in the Nigerian Presidential System


Book Description

This book explores the politics associated with the exercise of the legislative power of impeachment as intended by the drafters of the Constitution in Nigeria. It interrogates the exercise of the power of impeachment with reference to the intended purpose and examines its failures in the cases of impeachment in the country. It analyzes the interplay of power in the governing institutions in Nigeria’s political system, which involved the understanding of a web of interactions among elites within a political structure relating with others outside its sphere of operation. It presents an analysis of the politics associated with impeachment within the framework of the activities of different political actors operating in different political structures assigned to perform certain statutory roles in the political system. The book shows how the selective use of impeachment provisions as instrument of political vendetta and harassment has weakened the potency of this oversight power of the legislature thereby engendering accountability problem in the Nigerian presidential system.




Impeachment


Book Description

The impeachment process provides a mechanism for the removal of the President, Vice President and other federal civil officers found to have engaged in 'treason, bribery, or other high crimes and misdemeanours'. The Constitution places the responsibility and authority of determining whether to impeach and to draft articles of impeachment in the hands of the House of Representatives. A number of means have been used to trigger the House's investigation, but the ultimate decision in all instances as to whether or not impeachment is appropriate rests with the House. Should the House vote to impeach and base its decision on specific articles of impeachment, the matter is then presented to the Senate for trial. This informative book breaks down the procedures that take place in an impeachment process, as well as answers many of the questions that surround the seldom-used, but crucially important part of the U. S. government.




Checking Executive Power


Book Description

Examines the presidential impeachment process in such varied settings as the United States, Russia, Colombia, Brazil, Venezuela, the Philippines, and Madagascar.




The Federal Impeachment Process


Book Description

Throughout President Clinton's impeachment proceedings, the contending sides agreed on very little. One exception was The Federal Impeachment Process—the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. In this edition, Michael Gerhardt draws on his experience as a commentator and expert witness to examine the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective, he argues that it fits easily within the impeachment process as it has evolved over the past two centuries. Impeachment, he shows, is an inherently political process designed to expose and remedy political crimes. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. Significantly updated, this book will be the standard work on the federal impeachment process for years to come. On the first edition: "The most comprehensive, analytic study of the federal impeachment process to date."—Choice "This book is by some margin the most successful . . . analysis of impeachment issues to have been written, and it will be the standard work for years to come."—Constitutional Commentary