Preview

Explain How Judges Can Be Dismissed From The Office

Good Essays
Open Document
Open Document
662 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Explain How Judges Can Be Dismissed From The Office
Explain how judges can be dismissed from the office

Judges represent an important central role in adjudicating disputes in a fair, unbiased manner by applying legal rules and play a vital role in controlling the exercise of power by the state. Judges may leave their position by the termination of an appointment: Dismissal due to breaching judicial disciplines, resignation of their own choice or suggestion by the Lord Chancellor for misbehaviour, removal due to disability by permanent infirmity from performance of duties and retirement at the age of 70 under the Judicial Pensions and Retirement Act 1993.
Superior judges, judges who sit above the High Court, have security of tenure that they cannot be dismissed by the Lord Chancellor or the Government. The Act of Settlement 1700 allows them to hold office while of good behaviour. The same provision is contained in the Senior Courts Act 1981 for High Court Judges and Lord Justices of Appeal. Likewise, the Constitutional Reform Act 2005 contains provisions regarding the Justices of the Supreme Court.
…show more content…
The machinery for dismissal has been used only once when Sir Barrington, a High Court Judge was charged with appropriating court funds for his own use.
The Lord Chief Justice can dismiss judges who are of ill-health and are incapable of carrying out work after consulting Lord Chancellor. This power was first introduced in the Administration of Justice Act 1973 and now contained in the Senior Courts Act 1981.This pressure has been put on unsatisfactory High Court Judges to

You May Also Find These Documents Helpful

  • Better Essays

    Court Issues

    • 1359 Words
    • 6 Pages

    One of the issues facing the court system today is judges are not able to see many cases because of their administrative role. Judges spend the majority of their time “papering budgets, scheduling cases, supervising employees, and maintaining court records” (Robinson, 2009, pg. 208, para 5). The courthouse employee’s work together getting cases dispensed as quickly as possible. Some of these cases are dismissed before even being seen because of how many cases there are. Many of the minor cases are plea bargained so that the…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Federal Judges Quiz Paper

    • 1242 Words
    • 5 Pages

    | Correct, "Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). Judges hold their seats until they resign, die, or are removed from office.…

    • 1242 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    The phrase, ‘during good behavior,’ was taken to mean that judges served without limit in time and was subject to removal from office only through impeachment or perhaps upon being convicted in a judicial proceeding of misbehavior. The alternative approach of appointing judges to serve during pleasure exposed those whose rulings displeased the appointing authority to the sanction of immediate removal from office. Prior to the Revolution, the Crown enforced this second approach as its invariable policy. Instructing royal governors to condition judicial appointments on service during pleasure and by disallowing acts of colonial legislatures that sought to grant judges protected…

    • 1867 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Judicial Independence

    • 819 Words
    • 4 Pages

    One of the basic principles of the British Constitution is judicial independence . Simply explained, this means that judges, in making their decisions, must not be influenced or coerced by outside forces (History Learning Site). This independence is assured by several safeguards which include fiscal autonomy, independent selection, and security of tenure. The purpose of these is to ensure that judges will render fair and impartial decisions without fear or favor. Judges must be protected from any and all outside influence that could tarnish the possibility of a strict and impartial judicial process. This can not be emphasized enough. The people need a court that they can rely on to solve their legal problems in accordance with the law and the proper procedure.…

    • 819 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Law Interpretation

    • 1642 Words
    • 7 Pages

    ation in The aids to interpretation used by the judiciary, how this may impact upon the sovereignty of parliament…

    • 1642 Words
    • 7 Pages
    Good Essays
  • Better Essays

    The answer of the Solicitor-General presents two questions, the first predicated on the contention that Act No. 3899 applies to all justices of the peace who reach the age of sixty-five years, and the second on the acceptance of a transfer by the petitioner as denoting a new appointment bringing him within the purview of the cited law.…

    • 2613 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Lord Chancellor

    • 1029 Words
    • 5 Pages

    The Lord Chancellor had such wide powers which extended to all three arms of the state. His existence was a clear breach of the doctrine of the separation of powers. Until recently, he was at the head of the whole judiciary, and effectively appointed all the other judges. He was President of the High Court, the Crown Court and the Court of Appeal. He was also officially President of the Chancery Division of the High Court, although in practice the Vice-Chancellor usually performed this role. The Lord Chancellor was also a judge himself. When he choose to sit as a judge, it was in the House of Lords or the Privy Council, but recent Lord…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Who became the high court judge or who was eligible to become the high court judge?…

    • 1927 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Lord Phillips, president of the New Supreme Court said that he would like to find measures to reduce the “disproportionate” time Senior Justices spend hearing legal appeals from Commonwealth countries to the Privy Council (PC) in London. He also questions whether some of the Privy Council cases ranging from Jamaican death row appeals to fights over needed to be heard by a panel of five of Britain’s most senior judges. In an ‘ideal world’ former Commonwealth Countries would forego using the Privy Council and set up their own final court of appeal.…

    • 946 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judicial Crisis

    • 531 Words
    • 3 Pages

    In 1988,on the ground of misconduct, Tun Salleh Abas by then Prime Minister Dr Mahathir Mohammad was brought before a tribunal and this tribunal was chaired by Tun Hamid Omar. Due to the constitutionality of the tribunal, Tun Salleh Abas filed a suit in the High Court of Kuala Lumpur and while proceeding, interim stay against the tribunal was applied by Tun Salleh Abas until July 4, 1988 but the request then denied. Later,however, an interlocutory order was granted to Tun Salleh Abas by five judges of the Supreme Court. Tun Salleh Abas’s solicitor, upon receiving the order, rushed to Parliament to lay down the chairman of tribunal of the Interlocutory order.Unfortunatly, Tun Salleh Abas mission was delayed as the gate leading to Parliament was locked and the representatives of Tun Salleh Abas had to call in the police to allow a passage into the Parliament and eventually it was brought up to the tribunal chairman. Soon after, those five judges (Tan Sri Eusoffe Abdoolcader, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh, Datuk George Seah and Tan Sri Wan Suleiman Pawanteh.) was suspended which also, eventually, suspended the Supreme Court.The challenge towards the legality of tribunal could not be heard due to the suspension. But later on, three other judges were repositioned. Due to the inproper dismissal of Tun Salleh Abas led the Bar Council of Malaysia refused to acknowledge the new Lord President.…

    • 531 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    contempt of court

    • 2451 Words
    • 10 Pages

    In a democracy people should have right to criticize judges. The purpose of should not be to upheld the majesty and dignity of the court but only to enable it to function. Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. This necessarily constitutes contempt of court. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation. Halsbury defines contempt as consisting of words spoken or written which obstruct or tend to obstruct the administration of justice. Black Odgers enunciates that it is contempt of court to publish words which tend to bring the administration of Justice into contempt, to prejudice the fair trial of any cause or matter which is the subject of Civil or Criminal proceeding or in anyway to obstruct the cause of Justice.…

    • 2451 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    To speed up the delivery of justice, three significant reforms were instituted recently: (1) the “Judicial Affidavit Rule,” (2) the filling up of all judicial vacancies, and (3) the stabilization of judicial compensation.…

    • 705 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Book Keeping

    • 338 Words
    • 2 Pages

    My Lord, the Honourable Chief Judge is well aware that success is not measured by longitivity in office but by among others, faithful adherence to documented procedures and processes and by verifiable results. Several judicial interventions delivered by your Lordship in about a quarter of a century have shown clear demonstration of your ability and willingness to abide by the law and a consistent disinclination to any untoward conduct or behaviour. As My Lordship therefore gets burdened by the responsibility inherent in your office, we offer our prayers that you not be moved by other people or outer forces but that you move them to the difficult path of truth and Justice.…

    • 338 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The Judiciary

    • 2416 Words
    • 8 Pages

    The modern position, prior to the constitutional changes in 2005, was that the Lord Chancellor was the head of the judiciary and the most senior judge in the English court structure. But the Lord Chancellor was a political appointment made by the current serving Prime Minister and once appointed the Lord Chancellor had a seat in the Cabinet, with responsibility for running the government department that deals with the operation of the justice system – the Lord Chancellor’s Department (renamed the Department for Constitutional Affairs in 2003 and renamed again in 2007 the Ministry of Justice). In addition to being the head of the judiciary and a member of the government, the Lord Chancellor also had a ceremonial role in the legislature being the ‘Speaker of the House of Lords’, the upper chamber of Parliament.…

    • 2416 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Tek Chand, The Law of Contempt of Court and of Legislature, 2nd edition, the University…

    • 22978 Words
    • 97 Pages
    Good Essays

Related Topics