Dismissing a President
Ian Ireland
Joanna Longley
Law and Bills Digest Group
24 November 1998
Introduction
The federal Constitution Convention (the Convention) met in Canberra
between 2-13 of February 1998. The Convention recommended to the Prime
Minister and Parliament that the Bipartisan Appointment of the President
Model (the Bipartisan model) be put to the people in a constitutional
referendum in 1999. Under the Bipartisan model, the position of Govemor-General
would be abolished and the office of President of an Australian republic
established.
In this system, the dismissal produce provides the Prime Minister with
a summary dismissal power.
This Research Note has three purposes, namely, to outline the
existing arrangement in Australia for terminating the Commission of the
Governor-General, the dismissal
procedure of the Bipartisan model and the dismissal procedures provided
by the republican constitutions of the United States, Germany, Ireland,
South Africa, India and Singapore.
Australia-Current
Arrangement
The Governor-General holds
office 'during the Queen's pleasure'.(1)' As such he or she is subject
to removal by the monarch at any time. The monarch's power is exercisable
only on the advice of his or her Australian ministers.
The Bipartisan Model
President may be removed at any time by a notice in writing signed by
the Prime Minister.
The President is removed immediately upon the Prime Minister's written
notice being issued. The Prime Minister's decision must be ratified by
the House of Representatives within 30 days of removal. Disapproval of
the President's removal would constitute a vote of no-confidence in the
Prime Minister, the likely consequence of which would be a dissolution
of the Parliament.
Germany
In Germany, the President may be dismissed by the Bundestag
(the legislative assembly) or the Bundesrat
(the council of state ministers) for knowingly breaching the Basic Law
or any other federal law.(2) A dismissal motion must have the support
of at least one-quarter of the Member's of the Bundestag
or Bundesrat. A dismissal
motion must be carried by a majority of two-thirds of the Members of the
Bundestag or Bundesrat.
The Federal Constitutional Court is also provided with a dismissal power.
Where the Court finds the President guilty of breaching the Basic Law
or any other federal law, it may declare that the office of President
is forfeited.'(3)
United States
The House of Representatives has the sole power to initiate dismissal
(impeachment) procedures against the President.(4)
The President can be dismissed from office for treason, bribery or other
high crimes and misdemeanours.'(5)
The dismissal process can commence in a number of ways. The House of
Representatives can vote on an inquiry of dismissal which would direct
the House of Representatives Judiciary Committee to investigate the charges
against the President. Alternatively, a member of the House of Representatives
may introduce a resolution of dismissal (impeachment).
At this stage, either the President is cleared of the charges through
an investigation, or the House of Representatives Judiciary Committee
votes to send articles of dismissal to the full House of Representatives.
Where the House of Representatives approves articles of dismissal (ie.
to impeach the President) by a simple majority, a trial is conducted in
the Senate, presided over by the Chief Justice of the Supreme Court.(6)
At the conclusion of the trial the Senate may vote to dismiss the President.
A two-thirds majority of Senators is required.
Ireland
The President of Ireland may be dismissed for stated misbehaviour.(7)
The charge for misbehaviour may be brought by either of the Houses of
the Oireachtas [i.e.
the Dail
Eirearm (House of Representatives)
or Seanad
Eirearm (Senate)].(8)
A proposal to bring a charge of misbehaviour against the President by
either Houses of the Oireachtas
requires notice of motion signed by no fewer than thirty Members of that
House.(9)
For a charge of misbehaviour proposal to succeed, a two-thirds majority
of the total membership of a House is required.(10)
Where a charge of misbehaviour has been successfully moved in one House,
that House is required to investigate the charge, or cause it to be investigated."(11)
If, as a result of the investigation, a resolution supported by not less
than two-thirds of the total membership of the House by which the charge
of misbehaviour was investigated, or caused to be investigated, declares
the charge sustained, the resolution operates to remove the President
from office.(12)
South Africa
The President of South Africa may be removed from office on the grounds
of a serious violation of the Constitution or the law, serious misconduct,
or inability to perform the functions of office.(13)
Only the National Assembly, by a resolution supported by at least two
thirds of its members, may remove the President.(14)
India
The President of India may be impeached for violation of the Constitution.(15)
An impeachment charge may be brought by either House of Parliament (Council
of States or House of the People) after a resolution containing the proposal
to refer the charge is passed. The resolution must be passed by a majority
of not less than two-thirds of the membership of the House and can only
be moved after at least fourteen days notice in writing signed by at least
one quarter of the total number of members of the House.(16)
Once the charge has been approved by either House, the other House is
required to investigate the charge, or cause it to be investigated.(17)
If, as a result of the investigation, a resolution is passed declaring
that the charge is sustained, then it has the effect of removing the President
from the date of the resolution. The resolution must be passed by a majority
of not less than two-thirds of the total membership of the House responsible
for the investigation."(18)
Singapore
Either the Prime Minister or one-quarter of the total members of Parliament
may initiate, by notice of motion, the process for dismissal.'(19)
The notice of motion must allege that the President is permanently incapable
of discharging the functions of office because of mental or physical infirmity
or has been guilty of certain matters, including violation of the Constitution,
treason or any offence involving fraud, dishonesty or moral turpitude.
When the motion has been adopted by not less than half of all members
the Chief Justice is to appoint a tribunal to inquire into the allegations.(20)
Where the tribunal finds against the President on any of the allegations
contained in the resolution, Parliament may be resolution passed by not
less than three-quarters of the total number of members remove the President
from office.(21)
Remarks
The Bipartisan model dismissal procedure is unusual, even remarkable,
when compared with the procedures of other nations. It is, for example,
the only model which does not provide a ground or grounds for dismissal,
or require that reasons be given. Moreover, there is no other precedent
among republic dismissal models for prime ministerial removal of the President
- The Constitution: Section 2.
- Basic Law of the Federal Republic of Germany, Article 61.
- ibid.
- Constitution of the United States, Article 1 Section 2(5).
- Constitution of the United States, Article 11 Section 4.
- Constitution of the United States, Article 1 Section 3.
- Constitution of Ireland, Article 12,Section 10(1).
- Constitution of Ireland, Article 12, Section 10(2).
- Constitution of Ireland, Article 12, Section 10(3).
- Constitution of Ireland, Article 12, Section 10(4).
- Constitution of Ireland, Article 12, Section 10(5).
- Constitution of Ireland, Article 12, Section 10(7).
- Constitution of South Africa, Article, 89 Section 1.
- ibid.
- Constitution of India, Article 56(1)(b).
- Constitution of India, Article 61(2).
- Constitution of India, Article 61(3).
- Constitution of India, Article 61(4).
- Constitution of Singapore, Article 22L clause (3).
- Constitution of Singapore, Article 22L clause (4).
- Constitution of Singapore, Article 22L clause (7).
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