Abstract
On May 11, 2018, Maria Lourdes Sereno was removed from office as the Chief Justice of the Supreme Court of the Philippines. She had been a vocal critic of controversial President Rodrigo Duterte, and he had labeled her as an “enemy.” While she was under legislative impeachment investigation, Duterte’s solicitor general filed a quo warranto petition in the Supreme Court to challenge her right to hold office. The Supreme Court responded to that petition by ordering her removal, which her supporters claimed was politically-motivated and possibly unconstitutional. The story of Chief Justice Sereno should give urgency to the need for us to consider the proposition that maintaining the rule of law can be difficult, and that attacks on judicial independence can pose a grave threat to democracy. The article presented here considers the impeachment of Chief Justice David Brock in the American state of New Hampshire in 2000, identifying the most significant institutional causes and consequences of an event that presented a crisis for the judiciary and the state. It offers a case study for the readers of this journal to reflect not only on the removal of Chief Justice Sereno, but also on the kinds of constitutional issues, such as judicial independence, judicial accountability, and separation of powers in any democracy, as arising from in conflicts between the judiciary and another branch of government.
Highlights
Impeachment – typically involving charges brought by the lower chamber of a legislature for trial in its upper chamber – is a means for removal of judges and other government officials for serious abuse of official power and public trust
On May 11, 2018, Maria Lourdes Sereno was removed from office as the Chief Justice of the Supreme Court of the Philippines
She had been a vocal critic of controversial President Rodrigo Duterte, and he had labeled her as an “enemy.” While she was under legislative impeachment investigation, Duterte’s solicitor general filed a quo warranto petition in the Supreme Court to challenge her right to hold office
Summary
Impeachment – typically involving charges brought by the lower chamber of a legislature for trial in its upper chamber – is a means for removal of judges and other government officials for serious abuse of official power and public trust. It is available under the constitutions of the United States[5] and 48 of its 50 sub-national state governments[6], the Republic of the Philippines[7], and a number of other countries[8]. Even in countries where impeachment is not among the means available for removal of judges for cause, the Brock impeachment offers a case study worthy of international and reflection about the judicial function and separation of powers in any democratic form of government, whether in the Philippines or elsewhere
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