International assistance

The role of international or external support for national processes of constitution building has an instrumental impact on the design of these processes and the institutional choices that ultimately are framed in constitutions.

More Policy papers Support mapping

Training programme

The new Constitution Builders CONNECT Resource – is an interactive training tool that reinforces sharing experiences as a means to building the capacity of practitioners to solve some of the dilemmas that they face in constitution building.

More

Handbook

The Handbook reviews and discusses some of the institutional and procedural design choices that practitioners have recently considered during contemporary constitution building.

More Table of contents

Issue papers

Selected issues are considered at length based on emerging and ongoing dialogues among practitioners and specialists.

More

Multimedia

A collection of multimedia resources from and about constitution-building processes.

More Audio Video Photos

Web links

The web links provide a comprehensive list of relevant organizations and partners working in constitution building and related subjects.

List
§ Note: this is background material. The final handbook is available online in PDF format.
The ability to remove the head of the executive on the grounds of misconduct affords the legislative branch a significant check on the executive. Where the legislature, acting alone, has the power to remove the executive from office, a high level of power is indicated.
Independent Removal
Some legislatures have the power to impeach the highest office of the executive in a process which is entirely independent of other branches or actors. More information

Provisions

The Constitution of the Republic of Zimbabwe (1979, as Amended to 2005)Article 29 Tenure of office of President(3) The President shall cease to hold office if a report prepared by a joint committee of the Senate and the House of Assembly, appointed by the Speaker in consultation with the President of Senate upon the request of not fewer than one-third of the members of House of Assembly, has recommended the removal of the President on the ground—(a) that he has acted in wilful violation of this Constitution; or(c) of gross misconduct; and the Senators and members of the House of Assembly sitting together have resolved by the affirmative votes of not less than two-thirds of their total number that the President should be removed from office.

Constitution of Ireland (1937, as Amended to 2002)Art 12 1 The President may be impeached for stated misbehaviour.2 The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.3 A proposal to either House of the Oireachtas to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.4 No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.5 When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.6 The President shall have the right to appear and to be represented at the investigation of the charge.7 If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.

Independent Removal in Certain Circumstances
Sometimes the legislature, acting alone, has the power to remove the head of state only under prescribed circumstances. For instance, a legislature may have the power to independently impeach only when the executive has committed a particularly serious offense. More information

Provisions

The Constitution of the Federative Republic of Brazil (1988, as Amended to April 2008)Article 86. If two-thirds of the Chamber of Deputies accept an accusation against the President of the Republic, he shall be tried before the Supreme Federal Tribunal for common criminal offenses or before the Federal Senate for impeachable offenses.§ 1. The President shall be suspended from his duties:I—in common criminal offenses, if the accusation or criminal complaint is received by the Supreme Federal Tribunal;II—in impeachable offenses, after proceedings are instituted by the Federal Senate.
Involvement of Other Actors
Often a constitution will require the legislature to obtain the support or approval of another branch or body in order to remove the head of state. This could require the involvement of a judicial body, such as a judicial panel or a Constitutional or Supreme Court, or approval by a national referendum. More information

Provisions

Constitution of the Federal Republic of Nigeria (Promulgation) Decree (1999)Article 143. Removal of President from office.(5) Within seven days of the passing of a motion [by the National Assembly to impeach for gross misconduct under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provided in this section.

The Constitution of the Republic of Cote d'Ivoire (2000)Article 109The President of the Republic is not responsible for acts accomplished in the exercise of his functions and can only be brought before the High Court of Justice in the case of high treason.Article 111The impeachment of the President of the Republic and of the members of the Government is voted in secret ballot, by the National Assembly with a majority of 2/3 for the President of the Republic, and with an absolute majority for the members of the Government.

The Constitution of the Kyrgyz Republic (1993, as Amended to 2003)Article 511. The President of the Kyrgyz Republic can be removed from office only on the basis of a charge of state treason or committing another severe crime brought by the Jogorku Kenesh [the Legislative Assembly] of the Kyrgyz Republic, confirmed by a conclusion of the Constitutional Court of the Kyrgyz Republic.

No Removal Powers
In some countries, the legislature does not have the power to remove the head of the executive. More information

Provisions

The Constitution of the Republic of Kenya (1963, as Amended to 1997)14. Protection of President in respect of legal proceedings during office.(1) No criminal proceedings whatsoever shall be instituted or continued against the President while he holds office, or against any person while he is exercising the functions of the office of President.(2) No civil proceedings in which relief is claimed in respect of anything done or omitted to be done shall be instituted or continued against the President while he holds office or against any person while he is exercising the functions of the office of President.

»