Analysis by Zsófia Bernadett Gilly
The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected leader. In Latin America, military coups have been replaced by so-called “soft coups”, which abuse various legal instruments. The abstract nature of the grounds for impeachment contributes to the potential misuse of this mechanism as a tool of lawfare, as many cases demonstrate. During the past decade, Peru has experienced a series of impeachments, with three presidents facing removal from office due to political conflicts between the legislative and executive branches. These cases highlight the use of impeachment as a tool of lawfare, undermining democratic stability and raising concerns about the transparency and impartiality of the process, as well as the erosion of democratic principles.
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