The legislature should have the power to impeach judges for both personal misconduct (lack of integrity, dignity, independence, impartiality, or promptness) and jurisprudential waywardness (failure to apply binding precedent, legislation, or the constitution in accordance with the hierarchy of laws). However, this power should be used sparingly, only when the courts have failed to discipline their own.
This article is an extract from the book ‘Principles of Good Government’ by Matthew Bransgrove