Saturday, July 19, 2025

1152: The good Behaviour requirement-2

  A2S4 dose not limit the reasons for removal from office, but when it comes to officials set in the writ to serve terms, it is the only way opened to do that. Because of their continuous dependency on satisfying the good Behaviour requirement to stay in office, a judge can be removed for any charge involving not satisfying this requirement if impeached and convicted on that charge.

But if everything is in doubt until proven we would get no start. And doesn't having the writ referred unconditionally to recognition of good Behaviour imply that it can be taken as a start? If so then removing a judge for not satisfying that requirement needs no more than simple vote. That is if we assume that the original appointment and confirmation was also for all such intermittent change in Behaviour. Otherwise that judge is already not constitutionally holding office. But again, whether a judge get removed or not for such failure what follows from it would not count as supported by the judicial authority (Unlike the practicality issue with reappointing and reconfirming judges, there is no reason to set the original appointment and confirmation to undo this). 

  

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