impeachments, are, impartiality, integrity, intelligence, and independence. If either of these
is wanting, the trial must be radically imperfect. To ensure impartiality, the body must be in
some degree removed from popular power and passions, from the influence of sectional
prejudice, and from the more dangerous influence of mere party spirit.”98
76.
Furthermore, the jurisdictional nature of the function exercised by Congress in
impeachment proceedings does not infringe the separation of powers, because it does not
prevent one branch of power from exercising functions that, in principle, correspond to
another. As Loewenstein explains, this is an exceptional case in which Congress exercises
judicial functions.99
77.
Meanwhile, a contemporary understanding of impeachment should consider it to be
a real “constitutional guarantee” in the actual conception of constitutional procedural law.100
The only way to understand the “control” exercised by Congress by means of this
proceeding is in a sense that accords with the constitutional rule of law; that is, as a vehicle
for implementing limitations to power in order to avoid its abuse.101 But, if this is the
purpose of impeachment, the very least that can be required of the body conducting it is
precisely that its implementation does not convert it into a weapon against the
constitutional State itself, which would occur if it was the Legislature that exceeded its
powers of prosecution and incurred in an abuse of power against those who it was
prosecuting. As one author has indicated, “the dangerous aspect of the matter is that
impeachment is very useful for carrying out dismissals in order to remove from the
chambers all the minority legislators who do not obey the orders of the majority group or
alliance. But also, owing to the way in which it is conceived, it leaves in the hands of those
who have a sufficient majority in the legislative organs the possibility of easily annulling the
other public organs, bringing them to a halt, dominating them and, finally, ending their
independence”102 (italics added).
78.
Although the organ with competence to hear and decide an impeachment proceeding
is a political organ (in those countries where the Legislature has this power), the whole
process must be conducted with legal meticulousness, in accordance with the provisions of
the Constitution, and the legal norms that regulate it,103 as well as with the relevant
standards established in the Convention. Impeachment involves a trial similar to a judicial
proceeding, in the sense that the legislative chamber that is conducting the hearing in some
way becomes a professional judge. It involves legal control insofar as it is regulated by law,
and also jurisdictional control because it cannot be understood to be exempt of the formal
and substantial element of due process. Thus, González Oropeza had defined impeachment
as the “proceeding to establish the individual or official responsibility of a public servant
98
Story, Joseph, Commentaries on the Constitution of the United States, Cambridge/Boston, 1833, Volume
II, Chapter X: The Senate, para. 743
99
Loewenstein, Karl, Teoría de la Constitución, translated by Alfredo Gallego Anabitarte, Barcelona, Ariel, 2ª
ed., 1976, p. 297.
100
Fix-Zamudio, Héctor, Estudio de la defensa de la Constitución en el ordenamiento mexicano, 2ª ed.,
México, Porrúa/UNAM, 2011, p. 191; Ferrer Mac-Gregor, Eduardo, Panorámica del derecho procesal constitucional
and convencional, Madrid, Marcial Pons-UNAM, 2013.
101
Cf. Aragón, Manuel, op. cit., pp. 121-122.
102
Valdés S., Clemente, El juicio político. La impunidad, los encubrimientos y otras formas de opresión,
México, Ediciones Coyoacán, 2000, p. 190.
103
Cf. Carpizo, Jorge, “Algunas garantías procesal-constitucionales en México”, in the author’s book, Temas
constitucionales, 2ª ed., Mexico, Porrúa/UNAM, 2003, pp. 229-230.
20
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