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The Appointment, Tenure and Removal of Judges under Commonwealth Principles

A Compendium and Analysis of Best Practice

Across the Commonwealth certain basic questions arise when designing an institutional structure that will support an independent, competent and ethical judiciary:

  • who should appoint judges and by what process?
  • what should be the duration of judicial appointments and how should judges' remuneration be determined?
  • what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries?

This Bingham Centre study, funded by the Commonwealth Secretariat, provides an overview of current arrangements in the 53 member states of the Commonwealth, and seeks to identify best practice under the Commonwealth Principles on the Accountability of and the Relationship between the Three Branches of Government (also known as the 'Latimer House Principles'). In doing so, the study also draws on other international instruments and soft law and on the domestic constitutions, legislation and case law of Commonwealth member states.

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The Appointment, Tenure and Removal of Judges under Commonwealth Principles: A Compendium and Analysis of Best Practice

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Jan van Zyl Smit