tive member of the Uri Party, which is a negotiating party3) of the
National Assembly.
The Speaker of the National Assembly impeded the voting rights
of the assemblypersons who were members of the Uri Party, by
hastily declaring the closure of the vote upon completion of vote by
the assemblypersons belonging to the Grand National Party, the New
Millennium Democratic Party and the United Liberal Democrats, without cautiously assessing the circumstances regarding whether the assemblypersons belonging to the Uri Party would participate in voting.
The Speaker of the National Assembly impeded the right of assemblypersons to inquire and discuss in violation of Article 93 of the
National Assembly Act, by foregoing the procedure of explaining the
purpose but instead distributing the printed materials, and by forcing
the vote without any procedure for inquiry and discussion, in the deliberation process for the impeachment motion.
The National Assembly violated the Constitution by impeding
the right of assemblypersons to inquire and discuss, in passing the
impeachment motion as a single measure by way of a single vote,
without going through the procedures to inquire and discuss and to
vote individually on each of the three stated grounds for impeachment,
while the impeachment resolution in the instant case contains three
distinct grounds for impeachment against the respondent.
The resolution on the impeachment is in violation of due process
as the respondent was not provided with any notice or opportunity to
state his opinion at the impeachment process in the National Assembly.
(2) On the Merit of the Case
The authority to impeach the President and the authority to adjudicate thereon should be exercised with utmost caution within the
boundary of checks and balances under the principle of separation of
powers. The 'violation of the Constitution or statutes in performing
official duties' provided in Article 65(1) of the Constitution is too
vague to indicate which types of act of violation rendered in which
method are subject to impeachment. Considering the systematic and
practical dynamics surrounding the constitutional institutions and the
fundamental order and the value ordained by the Constitution, the
grounds for impeachment against the President should correctly be
3) Any political party having in the National Assembly a certain number
(currently twenty or more) of members who belong to it should organize a
negotiating party, and it is entitled to particular privileges and benefits
according to law. (translator's note)
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