The Impeachment of the President in Comparative Perspective Contribution to the course The Presidency / Lembaga Kepresidenan from the perspective of comparison of laws |
28.06.23 |
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Semester 2, 2022/23 (IUP, S1 Reguler); Thursday, 16.03. and 25.05.2023, 12:00 - 13:30, room B.4.2 (The Presidency), and Friday, 17.03. and 26.05.2023, 14:00 - 15:30, room B.7.2 (Lembaga Kepresidenan) |
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Final note
After the end of the course this website has been finished. It will stay available for the purpose of deepening and repetition. Thank you for your interest and commitment. You are always welcome to contact me for any comments or questions. With best wishes for your future studies, yours Prof. Dr. Thomas Schmitz
Course Contribution Description
At the Faculty of Law of Universitas Gadjah Mada the courses are shared by several lecturers. This website informs about the contents of my lectures in March and May 2023. They complement those of my colleague Dr. Andi Sandi Antonius Tabusassa Tonralipu from the perspective of comparison of laws.
Due to the reduced number of lectures in all study programs in this semester, some details will not be discussed in the course but are reserved for self-study. For this purpose, please also note the links to internet resources and specific literature for further reading. Every course participant is welcome to contact me with any questions at any time in my office (A.IV.11) or via WhatsApp or e-mail.
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Slides presented in
the lectures (®
aids for illustration) |
Contents (summary/details)
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§ 1 Introduction |
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§ 2 Procedural and substantial aspects of the impeachment |
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§ 3 Recent examples of impeachments |
Bibliography (selection for this course contribution)
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Ginsburg, Tom; Huq, Aziz; Landau, David: The Comparative Constitutional Law of Presidential Impeachment, The University of Chicago Law Review 88.1 (2021), p. 81 ff. |
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Kim, Jin Wook: Korean Constitutional Court and Constitutionalism in Political Dynamics: Focusing on Presidential Impeachment, Constitutional Review 4 No. 2 (2018), p. 22 ff. |
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Nourse, Victoria F: The Impeachments of Donald Trump. An Introduction to Constitutional Interpretation, 2021 |
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Nourse, Victoria F: The Constitutional (and Political) Safeguards against Impeachment, Missouri Law Review 87 (2022), p. 819 ff. |
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Mosler, Hannes B.: The Institution of Presidential Impeachment in South Korea, 1992 - 2017, Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America 50, No. 2 (2017), p. 111 ff. |
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Ohnesorge, John: Comparing Impeachment Regimes, Duke Journal of Comparative & International Law 31 (2021), 259 ff. |
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Ohnesorge, John: Impeachment and the Rule of Law: It’s Complicated, Univ. of Wisconsin Legal Studies Research Paper No. 1762, 2023 |
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Rattinger, Alexandra: The Impeachment Process of Brazil: A Comparative Look at Impeachment in Brazil and the United States, Inter-American Law Review 49 No. 1 (2017), p. 129 ff. |
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San Juan, Ronald Ray K.; Tiojanco, Bryan Dennis G.: Impeachment, in: Rainer Grote; Frauke Lachenmann; Rüdiger Wolfrum (editors): Max Planck Encyclopedia of Comparative Constitutional Law, last updated 2016 |
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Constitutions: Constitution of the Republic of Indonesia of 1945 in English (html/pdf) and Indonesian, American Constitution of 1787, Brazilian Constitution of 1988, French Constitution of 1958, Korean Constitution of 1987, other constitutions (Constitute/ICL) |
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concerning § 2: USA: Impeachment of federal officials (Ballotpedia), High Crimes and Misdemeanours (Free Dictionary); Articles of Impeachment (Wex); Frank Bowman, The role of the chief justice in an impeachment trial, SCOTUSblog 10.01.2020 |
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Korea: impeachment of Park Geiun-hye: article at Wikipedia; see also the articles of Mosler (p. 128 ff.) and Ginsburg; Huq; Landau (p. 93 ff.) |
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Brazil: Impeachment of Dilma Rousseff: articles at Wikipedia and in The Guardian; see also the articles of Rattinger (p. 150 ff.) and Ginsburg; Huq; Landau (p. 96 ff.) |
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U.SA: Impeachment of Bill Clinton: article in the Independent; see also the article of Rattinger (p. 159 ff.) |
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U.S.A: First impeachment of Donald Trump: article at Wikipedia, special websites of The Guardian and Ballotpedia; the story leading to the impeachment (BBC); articles of impeachment, acquittal |
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U.S.A. Second impeachment of Donald Trump: article at Wikipedia, special websites of the Washington Post, Financial Times, The Guardian and Ballotpedia; impeachment proper (reports of Washington Post and Deutsche Welle); article of impeachment, impeachment trial (special article at Wikipedia), dramatic video with new evidence presented by the prosecutors showing how the Capitol riots unfolded, incited by Donald Trump, acquittal of Donald Trump, statement of Senator Mitch McConnell (who voted for acquit) that Trump is "practically and morally responsible", Trump sued under Ku Klux Klan Act (report at CNN); Jared P. Cole; Todd Garvey, The Impeachment and Trial of a Former President, CRS report 15.01.2021; Jan Wolfe, Explainer: The legal questions left unanswered by Trump's impeachment trial, Reuters 18.02.2021 |