The following are points more specially characteristic of the English
system and its kindred judicial systems: (1) Judges are absolutely
protected from action for anything that they may do in the discharge of
their judicial duties. This is true in the fullest sense of judges of
the supreme courts. "It is a principle of English law that no action
will lie against a judge of one of the superior courts for a judicial
act, though it be alleged to have been done maliciously and corruptly."
Other judicial officers are also protected, though not to the same
extent, against actions. (2) The highest class of judges are irremovable
except by what is in effect a special act of parliament, viz. a
resolution passed by both houses and assented to by the sovereign. The
inferior judges and magistrates are removable for misconduct by the lord
chancellor. (3) The judiciary in England is not a separate profession.
The judges are chosen from the class of advocates, and almost entirely
according to their eminence at the bar. (4) Judges are in England
appointed for the most part by the crown. In a few cases municipal
corporations may appoint their own judicial officer.
See also LORD HIGH CHANCELLOR; LORD CHIEF JUSTICE; MASTER OF THE
ROLLS, &c., &c., and the accounts of judicial systems under country
headings.
JUDGE-ADVOCATE-GENERAL, an officer appointed in England to assist the
Crown with advice in matters relating to military law, and more
particularly as to courts-martial. In the army the administration of
justice as pertaining to discipline is carried out in accordance with
the provisions of military law, and it is the function of the
judge-advocate-general to ensure that these disciplinary powers are
exercised in strict conformity with that law. Down to 1793 the
judge-advocate-general acted as secretary and legal adviser to the board
of general officers, but on the reconstitution of the office of
commander-in-chief in that year he ceased to perform secretarial duties,
but remained chief legal adviser. He retained his seat in parliament and
in 1806 he was made a member of the government and a privy councillor.
The office ceased to be political in 1892, on the recommendation of the
select committee of 1888 on army estimates, and was conferred on Sir F.
Jeune (afterwards Lord St Helier). There was no salary attached to the
office when held by Lord St Helier, and the duties were for the most
part performed by deputy. On his death in 1905, Thomas Milvain, K.C.,
was appointed, and the terms and conditions of the post were rearranged
as follows: (1) A salary of £2000 a year; (2) the holder to devote his
whole time to the duties of the post; (3) the retention of the post
until the age of seventy, subject to continued efficiency--but with
claim to gratuity or pension on retirement. The holder was to be
subordinate to the secretary of state for war, without direct access to
the sovereign. The appointment is conferred by letters-patent, which
Public-domain text, read in full here on John Shaqi.
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