s/forget passphrase for/cause permanent destruction of/ , Re: Letwin wants increased penalties for refusal to decrypt

Pete Chown 1 at 234.cx
21 Aug 2002 11:51:09 +0100


David Hansen wrote:

> These people [judges] are government employees, 
> despite a transperent pretence of impartiality.

Judicial independence in Britain is a bit messy.  Judges are appointed
by the Queen, by convention on the advice of the Lord Chancellor.  In
other words the head of the executive branch appoints judges on the
advice of a senior officer from the legislative branch.  (The Lord
Chancellor, wearing his other hat, chairs debates in the House of
Lords.)

Since the Act of Settlement 1700, High Court and higher judges have been
appointed "quamdiu se bene gesserint", now replaced by the equivalent
English phrase "during good behaviour".  The wording is obscure and it
is not clear whether a misbehaving judge may only be removed by
Parliament, or whether any judge may be removed by Parliament, but a
misbehaving judge may be removed by the Queen alone.

Lower judges can be removed by the Queen, again by convention acting on
the advice of the Lord Chancellor.

Judicial salaries can be raised by order, but can only be lowered by Act
of Parliament.

-- 
Pete