Judges in Britain’s new supreme court, promised by the Prime Minister last, week, will not follow the example of the United States Supreme Court and “hold their offices during good behaviour,” according to a report in The Guardian newspaper. American Supreme Court justices serve as long as they wish unless misbehaviour justifies their removal from the bench.
The Guardian report did not make clear what the British government?s intentions were, although the implication was that the British judges would serve for a fixed term.
The newspaper said that government ministers intended that the British judges should not be able to choose their date of retirement at a time that would make it likely that the replacement would have similar political attitudes. Since the judges are to be appointed by an independent commission, unlike the American practice, it is difficult to see how such fears could be justified. It would not be possible, in any case, to prevent judges retiring before the end of their terms if that suited them.
According to the report, British government ministers believe the American Supreme Court is the product of political corruption. It seems likely, therefore, that it is this belief and a consequent wish to deny that Britain is again following an American example, that is behind the confused thinking evident in the newspaper item.
The Guardian also reported that Derry Irvine, whose ancient position of Lord Chancellor has been abolished as a part of the democratic reforms, was opposed to the creation of a Supreme Court in part because of the cost providing new accommodation for the justices.
The new Supreme Court is not expected to be fully functional for another three years.