Legal Definitions - quamdiu bene se gesserint

Quamdiu bene se gesserint is a Latin legal phrase that translates to "as long as they shall conduct themselves properly." It refers to a condition for holding an office or position, where an individual's tenure is guaranteed as long as they maintain good behavior and perform their duties appropriately. This principle is fundamental for ensuring the independence of certain officeholders, particularly judges, by protecting them from arbitrary removal based on political motivations rather than actual misconduct or inability to perform their role.

Here are some examples illustrating this concept:

• Federal Judges in the United States: In the U.S. legal system, federal judges are appointed to serve "during good behavior." This means they hold their positions for life, or until they choose to retire, resign, or are removed through the impeachment process for serious misconduct. This protection, rooted in the principle of quamdiu bene se gesserint, ensures that judges can make decisions based solely on the law and facts, without fear of being dismissed by the executive or legislative branches simply because their rulings are unpopular or politically inconvenient.

• Independent Auditors General: Many countries establish an office of an Auditor General, responsible for scrutinizing government spending and financial management. To ensure their impartiality and effectiveness, these officials are often appointed under terms that reflect quamdiu bene se gesserint. This means they cannot be easily removed by the government they are auditing, as long as they perform their duties professionally and ethically. This independence is vital for holding governments accountable and maintaining public trust in financial oversight.

• Tenured University Professors: While not a governmental office, the concept of academic tenure for university professors operates on a similar principle. Once a professor achieves tenure, they gain significant job security and can only be dismissed for serious professional misconduct, gross incompetence, or financial exigency, rather than for expressing unpopular academic views or for administrative convenience. This application of "good behavior" protects academic freedom and encourages intellectual independence in research and teaching.