Comparing Impeachment Regimes

by John Ohnesorge

Click here for a PDF file of this article

Abstract

Impeachment, whether of presidents, judges, or other government
officials, is increasingly common in political systems around the world, most
importantly in presidential systems, where it can be used to remove heads of
state who otherwise serve fixed terms. Despite this existence of a common
and important legal tool in many jurisdictions, comparative scholarship on
impeachment is rare, especially by legal scholars. This article responds to
that scarcity by offering a methodological approach upon which future
comparative impeachment scholarship can draw. The approach addresses
many of the legal and political issues that impeachment raises, and
incorporates insights from both law and political science, based on a belief
that impeachment cannot be fully understood through either a purely legal
or purely political lens. In order to construct this approach, this article
draws on characteristics of the impeachment regimes of the United States
and the Republic of Korea, which differ along several important dimensions
and can thus be used to highlight different approaches to common issues.
The goal is to demonstrate the value of comparative impeachment
scholarship to those who seek to understand impeachment more deeply,
whether as scholars or as citizens.

Comparing Impeachment Regimes

by John Ohnesorge

Click here for a PDF file of this article

Abstract

Impeachment, whether of presidents, judges, or other government
officials, is increasingly common in political systems around the world, most
importantly in presidential systems, where it can be used to remove heads of
state who otherwise serve fixed terms. Despite this existence of a common
and important legal tool in many jurisdictions, comparative scholarship on
impeachment is rare, especially by legal scholars. This article responds to
that scarcity by offering a methodological approach upon which future
comparative impeachment scholarship can draw. The approach addresses
many of the legal and political issues that impeachment raises, and
incorporates insights from both law and political science, based on a belief
that impeachment cannot be fully understood through either a purely legal
or purely political lens. In order to construct this approach, this article
draws on characteristics of the impeachment regimes of the United States
and the Republic of Korea, which differ along several important dimensions
and can thus be used to highlight different approaches to common issues.
The goal is to demonstrate the value of comparative impeachment
scholarship to those who seek to understand impeachment more deeply,
whether as scholars or as citizens.