Year: 2024
Type: article
Abstract: Presidential impeachment serves as a constitutional mechanism to safeguard against executive overreach and uphold democratic principles such as the rule of law and separation of powers. This paper examines presidential impeachment processes and outcomes in the United States of America (USA) and the Republic of Korea (ROK), addressing the extent to which they reflect the principles of the rule of law. In the USA, impeachment rests within the legislative branch, with trials conducted by elected politicians, leading to minimal pres- idential accountability. Conversely, in the ROK, the impeachment process is overseen by an independent judiciary and demonstrates greater accountability, justness—through precedent-based decisions—and impartiality—reflecting democratic representation. The approach of the ROK, while more challenging to implement directly due to the structure of its parliamentary system, highlights ways in which the impeachment process in the USA could potentially be en- hanced, emphasising the importance of institutional independence in upholding the rule of law.
Author: Hayoung Eum
Institution: Maastricht University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403229042