Presidential Impeachment Research Articles

Stock market under the 2016 Brazilian presidential impeachment: a test in the semi-strong form of the efficient market hypothesis,

ABSTRACT This article aims at contributing to study the stock market’s reaction up to the point of generating significant abnormal returns or cumulative abnormal returns within the Brazilian impeachment period. By means of the efficient market hypothesis (EMH), in its semi-strong form, the purpose was verifying whether the presidential impeachment that took place in Brazil in 2016, in 3 different dates, brought the expected reaction from the stock market on the Brazilian Stocks, Commodities and Futures Exchange (BM&FBOVESPA). The theme is relevant, as it addresses aspects of politics and economic theory and their interactions in stock markets. It impacts in the area of capital markets, because this suggests that economic players can, through their expectations and information, see adverse reactions in the market. The methodology analytically employed encompasses a brief literature review as a theoretical basis about the institutions involved and it refers historically to impeachment events. Quantitatively, the methodology consists in the study of events, so that the expectations are observed by means of time-series regression models based on the autoregressive-moving-average (ARMA) models. The result found, under three major events that culminated in the 2016 Brazilian presidential impeachment, was that no significant statistics has been determined, at a 5% level, in all estimated windows and in all events. Statistically, it was not possible to reject the hypothesis that the abnormal returns and the cumulative abnormal returns equal zero. So, the markets have been considered to be well-informed regarding the events, in this specific situation, i.e. according to the EMH, in its semi-strong form, the markets have reacted as expected.

AS TEMPORALIDADES NA NARRATIVA: um encontro entre a História e o Jornalismo

Na confluência entre os campos da História e do Jornalismo, o objetivo deste artigo é estudar a temporalidade na História do Tempo Presente. O trabalho investiga como as categorias dos “estratos do tempo” – singularidade, repetição e transcendência (Koselleck, 2014) – se manifestam na narrativa jornalística em meio impresso e web. O corpus abrange reportagens publicadas pela revista Veja referentes aos processos de impeachment presidencial de Fernando Collor, em 1992, e de Dilma Roussef, em 2016. Os resultados da análise revelam que as categorias repetição e transcendência se destacam na narrativa impressa e a categoria singularidade prevalece na narrativa web. Entre outras inferências, isso significa que as narrativas jornalísticas na web reforçam a perspectiva de presentificação temporal, em que o presente se destaca como tempo inacabado.

Comparing Media Perceptions of the Presidential Impeachment Crises and Communication Strategies- The Cases of South Korean Presidents Roh Moo-hyun and Park Geun-hye -

이 연구는 대통령 탄핵 위기와 이에 대한 대통령측의 대응 커뮤니케이션 전략에 대해 언론은 어떻게 인식하고 있는지를 분석한 것이다. 이를 위해 2004년 노무현 대통령과 2016년 박근혜 대통령의 탄핵 관련 언론 보도를 비교 분석하였다. 분석 기간은 두 대통령 공히 국회의 탄핵소추 의결 1개월 전부터 헌법재판소 결정 후 1개월까지로 잡아 위기 전, 위기 중, 위기 후 등 3단계를 설정하였다. 분석대상 매체는 조선, 동아, 한겨레, 경향 등 4개 매체를 선정했다. 주요 분석결과를 살펴보면, 두 대통령에 대한 보도 논조에서 박근혜 대통령은 노무현 대통령에 비해 부정적 논조의 기사 비율이 높게 나타났 다. 둘째, 박근혜 대통령의 경우 노무현 대통령 보다 탄핵상황에 대한 책임의식과 위기의식이 낮은 것으로 나타났다. 관련 이론적, 실무적 함의, 연구의 함의를 제시하였다.

Selective Exposure and Political Polarization of Public Opinion on the Presidential Impeachment in South Korea : Facebook vs. KakaoTalk

Many previous studies have proven that social media is more likely to promote selective exposure in the acquisition of political information and to escalate political polarization than is older media. However, this study argues that the impact of social media on selective exposure and political polarization occurs differently according to the characteristics of their platforms. To prove this argument, we firstly compared old and social media in terms of their impact on selective exposure. Secondly, we compared the two different types of social media, Facebook and KakaoTalk, to examine their influences on selective exposure and the political polarization of public opinion during the presidential impeachment in South Korea. As a result, we observed that people using social media were more selective in choosing news sources than those using television. We also found that users of KakaoTalk were more selective in acquiring political information on the presidential impeachment than were Facebook users, and the same consequences appeared in political polarization. Therefore, we determined that the political and social influence of social media varies according to its platform characteristics.

Judicial Politics in the Constitutional Court of Korea’s Review of Presidential Impeachment:

Judicial Politics in the Constitutional Court of Korea’s Review of Presidential Impeachment:

Los referéndums en Venezuela durante la Revolución Bolivariana de Nicolás Maduro (2013-2017)

El objetivo de este artículo es describir los referéndums nacionales que se plantearon en Venezuela durante el gobierno de Nicolás Maduro, los cuales correspondieron, por separado, a una serie de iniciativas de reforma constitucional y de derogatoria del mandato presidencial. La perspectiva teórica empleada en el análisis es la doctrina de los jugadores con veto y su tesis sobre las lógicas competitivas o monopólicas de control de la agenda de los referéndums. Se maneja la hipótesis de que el nivel de control que tuvieron los respectivos promotores sobre las agendas de ejecución de las iniciativas planteadas, determinó la no celebración de sus correspondientes referéndums. Mediante un enfoque empírico inductivo, se pone en evidencia que el rechazo del oficialismo a la celebración de cualquier referéndum se ha debido, principalmente, al potencial efecto transformador que sobre el sistema político tendría en la actual coyuntura la utilización de este mecanismo de participación política.

헌법재판소 탄핵 결정의 정치적 의미

헌법재판소 탄핵 결정의 정치적 의미

대통령 탄핵과 정치적 변화의 가능성

대통령 탄핵과 정치적 변화의 가능성

The Cost of Presidential Impeachment to Politically Connected Firms

The Cost of Presidential Impeachment to Politically Connected Firms

Grab Em By The Emoluments: The Crumbling Ethical Foundation of Donald Trump's Presidency

Does Donald Trump believe that over 200 years of constitutional law doesn’t apply to him? This paper explores two important areas of U.S. Constitutional law: the constitutional prohibition against acceptance of emoluments (anything of value); and the constitutional provision for presidential impeachment and is written before findings are available from any special investigations or results from the many Congressional inquiries about matters surrounding the Russian tampering with the American 2016 presidential election. Therefore, this article is an inquiry into other matters that raise many serious questions about the ethical fitness of Donald Trump to be President. Among grounds for Trump’s impeachment are his numerous ongoing Emoluments Clause violations. At this time it seems unlikely that President Trump will face impeachment. Given that both the U.S. House of Representatives and Senate are in control of the Republican Party, President Trump should be immune from impeachment proceedings unless the Republican Party leadership determines that it is in their best interest to allow for impeachment and removal, not a zero probability. Will President Trump’s lifelong propensity for lying ultimately lead to his eventual demise?

Trump University and Presidential Impeachment

In the final weeks of the 2016 Presidential campaign Donald J. Trump faces three lawsuits accusing him of fraud and racketeering. These ongoing cases focus on a series of wealth seminars called “Trump University” which collected over $40 million from consumers seeking to learn Trump’s real estate investing strategies. Although these consumer protection cases are civil proceedings, the underlying legal elements in several counts that plaintiffs seek to prove run parallel to the legal elements of serious crimes under both state and federal law. This essay provides a legal analysis of whether Trump’s alleged behavior would, if proven, rise to the level of impeachable offenses under the presidential impeachment clause of the United States Constitution. This essay begins with a summary of the evidence assembled in the three pending Trump University civil lawsuits. Next, it describes the legal claims involved in each matter. Then, this essay summarizes the applicable law of presidential impeachment under the United States Constitution and analyzes whether Trump’s actions in connection with Trump University are impeachable offenses. Finally, I offer concluding thoughts, considering in particular the policy implications of a major presidential campaign with simultaneously pending legal complaints of fraud and racketeering.

PHILOSOPHICAL VALIDITY, THEORETICAL, NORMATIVE AND EMPIRICAL PARADIGM OF GENERAL PRINCIPLES OF GOOD GOVERNANCE (AUPB) AS A REVIEW OF PRESIDENTIAL IMPEACHMENT

Philosophical validity showed of the Principles of Good Governance (AUPB) as A review to Presidential impeachment, is a principle of AUPB that contains ethical normative values used as the foundation of good governance, clean and respectable, moreover to complement the shortcomings and ambiguities in law. Technically, the application of AUPB by the judges of the Constitutional Court (MK-RI) can be approached through induction and deduction legal reasoning. The method of implementing AUPB by the judges of the Constitutional Court (MK-RI) is accomplished by deductive at first, meaning that the special rules is focused more to the certain field of law, then these are deducted based on its basic rules and deducted again into the rules of substantive, and deducted again into the rules of cases. After that, it starts to applicate the rules of case based on the concrete case by the judge, because of the nature of the judges of the Constitutional Court (MK-RI) is kholifah fil'ardi as the representative of God on earth to uphold the law and justice. While theoretically AUPB is valid, the judge ius curia Novit as a verdict maker to perform legal discovery ( rechtsvinding ). Empirically AUPB is valid, it can be seen from the cases of impeachment against the President of the United States William Jefferson Clinton, on suspicion of abominably act ( misdemeanors ). Additionally, AUPB empirically has been tested through jurisprudence since Amtenarenwet 1929 officially applied on March 1, 1933. Centrale Raad van Beroep , in his verdict on June 22, 1933, and the jurisprudence verdict of Hoge Raad on November 13, 1936, and the jurisprudence verdict of Hoge Raad 1919. While the normative validity is based on the leading legal doctrine, that AUPB is positioned as the unwritten laws that must be obeyed by the government, and AUPB considered as a part of positive law. Moreover, in Indonesia AUPB incarnates in various legislations even though his name is remained as principal.

The Institution of Presidential Impeachment in South Korea, 1992-2017

The Institution of Presidential Impeachment in South Korea, 1992-2017

대통령제와 대통령 탄핵제도의 법사상사적 소고 - 탄핵규정의 규범적 분석을 겸하여 -

대통령제와 대통령 탄핵제도의 법사상사적 소고 - 탄핵규정의 규범적 분석을 겸하여 -

Kewenangan Mahkamah Konstitusi dalam Pemakzulan Presiden dan/atau Wakil Presiden di Indonesia

The idea of impeachment (pemakzulan) towards the incumbent president of Indonesia surfaces recently. This could be the cause of two main grounds. First, regarding the ongoing investigation process of the Century Bank case. In the beginning, the presumption charges merely towards the monetary policy officials and the concerning president’s assistants, but during the further investigations, a number of political parties, in not so vigorously manner pointed the charges to the incumbent presidents because of the indication of responsibility toward the bailout process of Century Bank. Second, the idea of presidential impeachment got its nudge when the Constitutional Court also declaring that its components are ready in processing the impeachment petition, after it has surfaced the Constitutional Court Rule (Peraturan Mahkamah Konstitusi) No. 21/PMK/2009 on the Guidelines in Judicial Procedures in Hearing the Parliamentary Petition in Violation Charges Towards President of the Republic and/or Vice President of the Republic. Third, Presidential and / or Vice Presidential Impeachments has already been occurred in the history of Indonesian nation, namely towards past Indonesian Presidents such as Sukarno, Suharto and KH. Abdurrahman Wahid.This writing attempts to discuss issues regarding presidential impeachment in Indonesia, such as the power of the Constitutional Court in impeachment process, the legal grounds of impeachments, reasons for impeachments and the procedural mechanism of impeachment. Constitutionally, the procedures and mechanism of presidential and / or vice presidential impeachment has been regulated comprehensively in the Constitution of the Republic of Indonesia, specifically in Article 7 B, Article 24 (2), and Article 24 C of the 1945 Constitution after the Third Amendment. Based on these regulations, impeachment is not a simple process, but requires a long process and involving a number of high state institutions, namely People’s Representative Council (DPR), The Constitutional Court, and People Consultative Assembly (MPR). The involvement of the Constitutional Court in the impeachment process can be related toward historical experiences and as a logical consequence of the constitutional transformation of Indonesia. Beside that, the idea of presidential and / or vice presidential impeachment should not be based merely on political motivation, but should also have the reasonable legal grounds and rationale.

Dilematika Putusan Mahkamah Konstitusi vs Kekuatan Politik dalam Impeachment Presiden

The involvement of the constitutional court of RI in examining and ruling on the case of presidential impeachment is textually not the authority but obligation that whether or not presidential impeachment happen during president’s terms of office will be determined by the supporting political strength in the MPR session. The decision taken in the session should be based on the decision of Constitutional Court as the interpreter and the guardian of the constitution. This condition causes Constitutional Court decision becomes dillematic because it will be determined by the political strength in the session of the MPR. Besides,the fact that three of the nine judges are proposed by the President and three other are proposed by DPR is also dilemmatic.

Pemakzulan Presiden/Wakil Presiden Menurut Undang-Undang Dasar 1945

Article 6A (1) of 1945 Constitution regulated that the President and the Vice President of the Republic elected as a pair by direct voting from all citizen. Based on this rule, the position of the President and Vice President is quite powerful, thus almost impossible to be impeached during their term. Prior to the Constitutional Amendment, there is no constitutional article that regulates on the issues and mechanism of Presidential Impeachment. The Third Amendment, which adopted at the 7th Plenary Meeting of the Peoples Consultative Assembly (MPR), November 9th 2001, regulates on the mechanism of Presidential impeachment in the Article 7A which stated, The President and/or Vice President may be dismissed from office by the MPR based on a proposal from the DPR, either when proven guilty of violating the law by betrayal of the state, of corruption, of bribery, of any other felony, or because of disgraceful behaviour, as well as when proven no longer to fulfil the conditions as President and/or Vice President.

CANDIDATES IN THE PRESIDENTIAL ELECTIONS IN ROMANIA (2014): THE USE OF SOCIAL MEDIA IN POLITICAL MARKETING

The phenomenon of social media has drawn the attention of the specialists from the political marketing because it contributes quickly and efficiently to the increase of the political product’s visibility and appeals to its supporters for content creation and viral promotion of the political messages. In addition, the candidate can communicate directly with the citizens and may involve them in creating virtual communities. In our study we briefly present the way in which social media was used, timidly at first, during the campaign for the 2008 parliamentary elections, for the 2009 presidential elections and for the 2012 local and parliamentary elections. The importance of social media increased during the 2012 Romanian presidential impeachment referendum and contributed decisively to rallying voters to go to the polls and, implicitly, to the Klaus Iohannis’s victory in the 2014 presidential elections. We have focused especially on Facebook, as social network, because it has managed to attract the largest number of users in Romania. The success of the 2.0 political actors does not imply (only) to use the network as an alternative news channel, but especially to establish the bidirectional connection and constant interaction with virtual friends.

A test of European Union post-accession influence: comparing reactions to political instability in Romania

The positive role of the European Union (EU) in the democratization process in post-communist countries has been amply documented. The pre-accession conditionality was to a large extent the tool used to enhance adoption of norms, and implementation of policy. In this context, it is less clear what happens after countries join the EU and conditionality is no longer an option. This article seeks to provide an answer by analysing how the EU can influence democratic governance after accession of a new member state. In particular, it focuses on the reactions of EU actors in two institutional conflicts (the 2007 and 2012 presidential impeachment referendums) in Romania. The main findings indicate how EU leverage on domestic politics remains possible, though the effectiveness of involvement, monitoring and evaluation of respect for democratic principles depends on a complex interaction of international and domestic actors.

Leadership Accountability in Islam: Islamic Standards for Holding the Executive Accountable for Official Misconduct

This paper seeks to refute a common belief that the ruler in Islam is unchecked and that he serves for life regardless of any official misconduct he may commit by providing a religious basis for the concept of political accountability through the investigation of the concept of presidential impeachment in Islam. In doing so, the article first sheds significant light on the Caliphate system of governance, the rights and duties of the Caliph, his legal status, and the inauguration process. Further, the article introduces the conflicting views regarding the issue of removing the ruler in the context of Islamic jurisprudence, examines the role of the Islamic scholars in redressing the ruler and correcting the official misconduct, and sheds light on the Islamic alternatives of impeachment and the extent to which they differ from what is known in modern constitutional doctrines.