South Carolina lawyer appointed for impeachment trial = sources
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However, the appointment of a lawyer in charge of the impeachment trial was difficult.
[Washington, XNUMXst, Reuters] -Former US President Donald Trump is in charge of his impeachment trial in the Senate ... → Continue reading
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impeachment(Impeachment,British: Impeachment, Impeachment) is a criminal charge of a person in a government office whose status is guaranteed due to a breach of duty or delinquency.recallAnd the procedure to punish.In connection with this, it is also an expression that blames the other party.
JapanThere are two types of impeachment system, both of which take the form of impeachment trial.
- Article 64 of the Constitution of JapanBased onJudge impeachment lawImpeachment trial stipulated in judgeThe Judge Impeachment Court will do this.
- National Civil Service LawImpeachment trial stipulated in Article 9- National Personnel AuthorityComposeHuman Resources OfficerAgainstSupreme CourtDo.
Member of ParliamentThere is no impeachment system against.Article 58 of the Constitution of JapanParagraph 2 states, "Both Houses may each establish rules regarding their meetings and other procedures and internal discipline, and may punish members who have found order in the House. However, to remove a member, attend. It requires a vote by a majority of more than two-thirds of the members. "
Judge Impeachment Court
The impeachment trial against judges was held by 20 parliamentarians (House of Representatives-House of Councilors10 people from each hospital)Judge Prosecution CommitteeIn response to the prosecution, the Judge Impeachment Court, which consists of 14 members of the Diet (7 from each House of Representatives) as judges.
Both the Judge Indictment Committee and the Judge Impeachment Court are composed of members of parliament.国会Belongs toNational agencyHowever, both institutions are said to perform their duties independently of the Diet and the House of Representatives.
Impeachment trial of personnel officer
MoreHuman Resources OfficerSee
The impeachment trial against personnel officers will be conducted by the Supreme Court following the prosecution of the Diet.The procedure for the trial is based on Article 9 of the National Civil Service Law, and the rules for impeachment of personnel officers of the Supreme Court ().
The impeachment trial system was established for personnel officers by the National Personnel Authority, which consists of three personnel officers.government official OfBasic labor rightIt was established as a compensatory measure to limit the number of civil servantsCabinetAlthough it is under the jurisdiction of (Article 3, Paragraph 1 of the National Civil Service Law), it is derived from the fact that strong autonomy is recognized.Due to the characteristics of the National Personnel Authority, personnel officers are required to have a high degree of fairness in performing their duties and a high degree of identity security. It was decided to take.
The United Kingdom
The impeachment trial is14st century OfKingdom of EnglandIs said to have its origin in.King of englandUnder the "legislative, administrative, and judicial powers"Royal meeting (Curia Regis) Defeached the delinquency of high-ranking officials appointed by the king and imposed punishmentrecallI did.Eventually, I separated from the royal societyBicameral system OfParliamentWas born,House of Commons(House of Representatives) prosecutedAristocrat(Senate)trialWill be done.But,Parliamentary Cabinet SystemWhen is established, the House of CommonsNo confidence resolutionbyMinisterThe impeachment trial has lost its significance because it has become possible to dismiss it.It still exists as a legal system, but in 1806Navy MinisterWas the first generationViscount MelvilleHas not been done since dismissing.
In addition, the impeachment trial against judges is1701 Act of Settlement of Throne, The Supreme Court Act of 1875 and 1925 established the system, but there are no examples.
The United States of America
It is interpreted that "all civilians in the United States" here includes federal judges as well as administrative officers, and all cases of impeachment to date are against judges...In addition, the administrative officer is a publicly elected positionPolitical appointeeIs targeted, and other general staff are not targeted for impeachment.
House of RepresentativesProsecuted on the basis of a simple majority,SenateTries and decides impeachment in favor of two-thirds of Senators..But unlike Britain, there is no punishment, only dismissal...Another characteristic of the impeachment trial is that the president, who is the head of state, is also included.
Impeachment trials are usually heardSenate ChairVice President orSenate ChairmanIs in charge of this as the impeachment judge, but only if the president is the subject of impeachment.Federal Supreme Court SecretaryIs in charge of this as the impeachment judge..Also, the senatorJuryResponsible as.The provisions of the impeachment trial procedure areAndrew JohnsonGeneral rules following the impeachment trial of the presidentThere is no constitutional arrangement.
Criminal charges against federal parliamentariansWilliam blountAfter the impeachment trial in the Senate began, a Senate resolution was taken separately from the impeachment.ExpulsionWas done and for that reasonRejectionAnd said.There is debate as to whether lawmakers are subject to impeachment.On the other hand, the prosecution of officials other than the presidentWilliam Worth BelknapSecretary of the ArmyIn this case, the impeachment procedure has proceeded even after the resignation, and the acquittal has been granted.In the impeachment trial against the judge, if the accused resigns, he dismisses it.
Watergate caseInterfered with the elucidation ofRichard NixonAbout the president1974In the House of RepresentativesJudicial committeeHas decided on a prosecution recommendation on the grounds of obstruction of justice, abuse of power, and contempt of parliament.The impeachment trial was not held because President Nixon resigned shortly before the House of Representatives passed a resolution to pursue the case in accordance with this recommendation.Also,Andrew JohnsonWith the presidentBill ClintonPresident,Donald TrumpThe president was deliberated on the impeachment trial in the Senate after the resolution of the House of Representatives.無罪Has been sentenced.
201912/18IsAbuse of authority by President Donald Trump, filibusterThe Democratic Party's impeachment resolution was passed by the House of Representatives in favor of 230 opposition to abuse of authority and 197 in opposition to parliamentary obstruction, and Donald Trump was the third president to be impeached. becameBut,20202/5The Senate vote was acquitted with only 48 votes guilty of abuse of authority and 47 votes guilty of filibuster...But Trump20211/6Occurred inUnited States Capitol Raid CaseOn the 13th of the same month, the House of Representatives passed the impeachment charge resolution 232 and 197 in opposition because of the instigation of the rebellion.Trump became the first U.S. president to be impeached twice.
Also allStateIn, the state legislature has the authority to impeach state court judges and state government officials below the governor.
- President,Prime Minister (Prime Minister),AlsoSupreme CourtIf a national councilor, such as a constitutional judge or a constitutional judge, violates the constitution or public law国会Subject to impeachment by (Republic of Korea ConstitutionArticle 65, Paragraph 1).The parliament can propose an impeachment bill with the approval of more than one-third of the total number of members, and if the majority approves, the prosecution will be decided.However, the impeachment requirements of the president are becoming stricter, and it is necessary to propose an impeachment proposal with the approval of a majority of the total number of members and to approve it with the approval of more than two-thirds (paragraph 3 of the same).The prosecuted person will be suspended from ex officio until it is decided not to be dismissed (paragraph 1 of the same).Dismissal is the largest impeachment decision, but impeachment does not exempt civil or criminal liability (paragraph 3 of the same).
- In March 2004, the DietRoh Moo-hyunThe impeachment procedure began after prosecuting the president, but in MayConcluded that the impeachment was illegal but did not fall under the grounds for dismissal, and dismissed the above-mentioned criminal charge.For details such as the progress of the procedure,Impeachment of Roh Moo-hyun, President of South KoreaSee.
- On December 2016, 12, the Diet was passed with a majority of 9 votes in favor, 234 votes against, 56 abstention, and 1 invalid votes.Ms. ParkAt 7:3 pm, the impeachment charge resolution was sent to the president, at which point he was suspended from the authority stipulated in the Constitution.The following day, March 2017, 3,Sent a dismissal decision by the unanimous agreement of all eight judges..For details such as the progress of the procedure,Prosecution of Korean President KimSee
- ^ US Senate Site Complete List of Senate Impeachment Trials Archived June 2010, 12, at WebCite
- ^ Article 1, Section 2, Paragraph 5 of the Constitution "The House of Representatives appoints its chairman and other officers and has exclusive authority to impeach."
- ^ a b Article 1, Section 3, Paragraph 6 of the Constitution "The Senate has the sole authority to judge all impeachments. If it is opened for this purpose, a member of the Diet must swear or affirm. If so, it will be chaired by the Chief Justice of the Supreme Court. No one will be convicted without the consent of two-thirds of the members present. "
- ^ Article 1, Section 3, Paragraph 7 of the Constitution "The impeachment case is honored, trusted or under the jurisdiction of the Impeachment and the United States Government.RemunerationIt should not be more than disqualification from taking office and employment with.However, even those who have been convicted are still subject to the provisions of the law.Prosecution, Trial, judgment, and punishment. "
- ^ "RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS". UNITED STATES SENATE. 2021/2/13Browse.
- ^ "How does the US Senate impeachment trial work? A resolution to impeach Mr. Trump". bbc news. (December 2019, 12) 2021/2/13Browse.
- ^ “President Trump's impeachment prosecution third in American history US House of Representatives”. NHK NEWS WEB. ] NHK(July 2019, 12) 2019/12/19Browse.
- ^ "US Senate acquitted President Trump in impeachment trial-momentum for election campaign". bloomberg.co.jp. Bloomberg(July 2020, 2) 2020/2/6Browse.
- ^ "US President Donald Trump's second impeachment charge passed by Congress in Congress". NHK NEWS WEB. NHK(July 2021, 1) 2021/1/14Browse.
- ^ http://news.yahoo.co.jp/pickup/6232648