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) - 159 -

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