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Our different States have differently modified their several judiciaries as to the tenure of office. Some appoint their judges for a given term of time; some continue them during good behavior, and that to be determined on by the concurring vote of two-thirds of each legislative House. In England they are removable by a majority only of each House. The last is a practicable remedy; the second is not. The combination of the friends and associates of the accused, the action of personal and party passions, and the sympathies of the human heart, will forever find means of influencing one-third of either the one or the other House, will thus secure their impunity, and establish them in fact for life. The first remedy is the best, that of appointing for a term of years only, with a capacity of reappointment if their conduct has been approved.

 

Thomas Jefferson

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It would be inconceivable for the House to adjourn for Easter without recording the fact that last Friday the High Court disallowed an Act which was passed by this House and the House of Lords and received Royal Assent — the Merchant Shipping Act 1988. The High Court referred the case to the European Court...I want to make it clear to the House that we are absolutely impotent unless we repeal Section 2 of the European Communities Act. It is no good talking about being a good European. We are all good Europeans; that is a matter of geography and not a matter of sentiment. Are the arrangements under which we are governed such that we have broken the link between the electorate and the laws under which they are governed? I am an old parliamentary hand — perhaps I have been here too long — but I was brought up to believe, and I still believe, that when people vote in an election they must be entitled to know that the party for which they vote, if it has a majority, will be able to enact laws under which they will be governed. That is no longer true. Any party elected, whether it is the Conservative party or the Labour party can no longer say to the electorate, "Vote for me and if I have a majority I shall pass that law", because if that law is contrary to Common Market law, British judges will apply Common Market law.

 

Tony Benn

 

'Well ... welcome. My house is your house', his brow suddenly furrowed and he looked worried, 'although only in a metaphorical sense, you understand, because I would not, much as I always admired your straightforward approach, and indeed your forthright stance, actually give you my house, it being the only house I have, and therefore the term is being extended in an, as it were, gratuitous fashion —'

 

Terry Pratchett

 

In England, where judges were named and removable at the will of an hereditary executive, from which branch most misrule was feared, and has flowed, it was a great point gained, by fixing them for life, to make them independent of that executive. But in a government founded on the public will, this principle operates in an opposite direction, and against that will. There, too, they were still removable on a concurrence of the executive and legislative branches. But we have made them independent of the nation itself. They are irremovable, but by their own body, for any depravities of conduct, and even by their own body for the imbecilities of dotage. The justices of the inferior courts are self- chosen, are for life, and perpetuate their own body in succession forever, so that a faction once possessing themselves of the bench of a county, can never be broken up, but hold their county in chains, forever indissoluble. Yet these justices are the real executive as well as judiciary, in all our minor and most ordinary concerns. They tax us at will; fill the office of sheriff, the most important of all the executive officers of the county; name nearly all our military leaders, which leaders, once named, are removable but by themselves. The juries, our judges of all fact, and of law when they choose it, are not selected by the people, nor amenable to them. They are chosen by an officer named by the court and executive. Chosen, did I say? Picked up by the sheriff from the loungings of the court yard, after everything respectable has retired from it. Where then is our republicanism to be found? Not in our constitution certainly, but merely in the spirit of our people. That would oblige even a despot to govern us republicanly. Owing to this spirit, and to nothing in the form of our constitution, all things have gone well. But this fact, so triumphantly misquoted by the enemies of reformation, is not the fruit of our constitution, but has prevailed in spite of it. Our functionaries have done well, because generally honest men. If any were not so, they feared to show it.

 

Thomas Jefferson

 

An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the accused from office.

 

Gerald Ford

 

An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the accused from office.

 

Jerry Ford