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Life tenure

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Alife tenureorservice during good behaviour[1]is aterm of officethat lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personally to resign.[2]

Somejudgesand members ofupper chambers(e.g.,senators for life) have life tenure. The primary goal of life tenure is to insulate the officeholder from external pressures. Certain heads of state, such asmonarchsandpresidents for life,are also given life tenure.United States federal judgeshave life tenure once appointed by thepresidentandconfirmedby theSenate.[3]

In some cases, life tenure lasts only until a mandatory retirement age. For example,Canadian senatorsare appointed for life, but are forced to retire at 75. Likewise, many judges, including justices of theSupreme Court of the United Kingdom[4][5]and theSupreme Court of Canadahave life tenure but must retire at 75. In some jurisdictions, a judge who reaches mandatory retirement age may continue to serve as asupernumerary judge,but may no longer have the guarantees of tenure.

Life tenure also exists in various religious organizations. ThePope,as the Bishop of Rome and leader of the worldwideCatholic Church,has life tenure, but other Catholic bishops are required to submit their resignations at age 75.[6]

Seniorprofessorsat academic institutions may also be granted lifetenure,which is intended to protect principles of academic freedom.

References

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  1. ^Article III, Section 3 of theConstitution of United States(June 21, 1788)
  2. ^Oliver, Philip D. (2012)."Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court".The Journal of Appellate Practice and Process.13(1): 11–32 – viaBowen Law Repository.
  3. ^Saikrishna Prakash & Steven D. Smith,"How To Remove a Federal Judge"Archived2012-04-15 at theWayback Machine,116Yale L.J.72 (2006).
  4. ^Judicial Pensions and Retirement Act 1993
  5. ^"Judicial Pensions and Retirement Act 1993: Section 26",legislation.gov.uk,The National Archives,1993 c. 8 (s. 26),retrieved31 July2023
  6. ^Canon 401 §1