Recognition of “impeachment” in comparison to “interpellation” in political systems

Document Type : Original Article

Authors

1 PhD in Public Law, Faculty of Law, University of Tehran, College of Farabi. Qom. Iran

2 Associate Professor, Department of Public Law. Faculty of Law. University of Tehran. College of Farabi. Qom. Iran

Abstract

Impeachment is an institution that can remove high-ranking officials of the executive who are disqualified and unfit to continue the office. Impeachment could be seen in the constitutional law of all kinds of political systems, including presidentialism, semi-presidentialism and the parliamentary Republic. In some instances of domestic research, we see the fusion of impeachment and interpellation, which sometimes leads to mistakes leading to deduction. Scrutinizing the terminology of impeachment is the solution for such fusion. Accordingly, the question of the research is: what are the elements of impeachment in order to recognize it from interpellation? By the descriptive-analytic method, the research concludes that differences in officials and differences in grounds of removal are the most important elements and parameters for the distinction of these two terms. While impeachment targets officials with protected tenures or terms of office, interpellation is practiced mostly where ministers are subject to the confidence of the parliament. The common ground of Impeachment is removing a person or persons in the government whom the legislature deems unfit to continue in office due to subversive acts against the country and grave violations of public trust, which contain several instances like violations of law, corruption and treason. In addition, the procedure, stages and outcomes of impeachment and interpellation would be distinguished in many aspects. The paper is about to explain impeachment and distinguish it from interpellation.

Keywords

Main Subjects


Abbasi, Bejan, 91397), The Comparative of Constituonal Law, Tehran: Dadgostar Publication. (In Persian)
Ackerman, Bruce, (1399), The New Separation of Powers, Translator: Hasan Vakilian, Tehran: Negahe Moaser Publication. (In Persian)
Baumgartner, J, and Kada, N, (2003), Checking Executive Power: Presidential Impeachment in Comparative Perspective, Praeger.
Berger, Raoul, (1999), Impeachment, The Constitutional Problems, Harvard University Press.
Black, JR., Charles L., Bobbitt, Philip, (2018), Impeachment, A Handbook New Edition, Yale University Press, New Haven and London.
Bradley, Anthony W and Pinelli, Cesare, (2012), “Parliamentarism” in the Oxford Handbook of Comparative Constitutional Law, Rosenfeld, Michel and Sajó, András, (eds), Oxford University Press.
Cole, Jared P and Garvey, Todd, (2019), Impeachment and Constitution, Congressional Research Service.
Dumout, Patrick and De Winter, Lieven, (2003), “Luxembourg: A case of More Direct Deligation and Accountability”, in Delegation and accountability in Parliamentary Democracies, Kaare, Strom, Muller, Wolfgang C, Bergman, Torbjorn (eds;)  Oxford University Press.
Shams,Erfan, (1392), “Political Responsibility of President (Article of 89 of the Constitution)”, in the  Articles Collection of the First  National Conference of the Executive in Constitional Law of Islamic Republic of Iran, Deputies for Codification and Publication of law and Regulation. (In Persian)
Ebrahimian Shiadeh, Akram Sadat, (1395), Impeachment of High Officials in the law of United Stataes of America, Thesis in public law, by Supervision of Prof. Javad Taghi Zadeh, University of Mazandaran. ( In Persian)
Fisher, Louis, (2014), The Law of the Executive Branch; Presidential Power, Oxford University Press, New York.
Franklin, Daniel P, Caress, Stanly M, Sanders, Robert M; Taratoot, Cole D, (2020), The Politics of Presidential Impeachment, State University of new York Press, Albany.
Griglio, Elena, (2020), Parliamentary Oversight of the Executives, Tools and Procedures in Europe, Hart publishing,
Halder ,Debarati, (2007), “Impeachment Provisions in the French Constitution: Cutting the Wings of the Most Powerful President?” , Murdich University E Law Journal, Vol. 14, No.2.
Harisi nezhad, Kamal aldin, (1387), The Comparative of Constituonal Law, tabriz: Aydin Publication. ( In Persian)
Keeton, G.W., (1952), “The passing of Parliament”, American Political science Review, Vol: 48.
 
Martinez, Jenny S., (2012), “Horizontal Structuring” in Oxford Handbook of Comparative Constitutional Law, Rosenfeld, Nichel and sajo, Andras(eds;), Oxford University Press.
 
Mary N, Koeneh, (1397), The Comparative of Constituonal Law, The Second book- President, Vol: 2, Translator: Saeid Khani Vali Zadeh, Tehran: Majd Publication. ( In Persian)
Pelizzo, Riccardo and Stapenhurst, Frederick, (2012), Parliamentary Oversight Tools, A comparative analysis, Routledge.
Perez- Linan, Anibal, (2007), Presidential Impeachment and The New Political Instability in Latin America, Cambridge University press.
Potts, C.P, (1926), “Impeachment as Remedy”, Washington University Law review, Vol. 12.
Qazi, Seyed Abolfazl, 91395), Constituitonal Law and Political Instituion, Tehran: Mizan Publication. ( In Persian)
Rahimi, Mogadam, Ahmad, (1389), Tools of Parliamentary Oversight,(2), Comparative Stuy of 88 Parliaments of the World, Research Center of Islamic Consultative Assembly, Political Studies Department.( In Persian)
Saeid, Seyeydeh Zahra, (1402), Re-anaysis on President’s Responsibilities Bfore Islamic Consultative Assembly; Interpellation or impeachment, Journal of Public Law Research, Vol: 79, in press. (In Persian)
San Juan, Ronald Ray and Tiojanco, Bryan Dennis G, (2016), “Impeachment”, Max Plank Encyclopedia of Comparative Constitutional Law, Oxford Constitutional Law.
Soltan, Seyed Naser, (1398), “Critiqe to Persion Translation of leviathan In View of The Concepts of Public Law” The Journal of the Research of Public law, Vol: 63. Pp:215-239. ( In Persian)
The U.S Government Publishing Office, (2017), Impeachment, House practice: A Guide to the Rules, Precedents and Procedures of the House, chapter 27.
Yamamoto, Hironori, (2007), Tools for Parliamentary Oversight, A Comparative Study of 88 National Parliaments, Inter- Parliamentary Union.