Latest news with #JudicialReview
Time of India
2 days ago
- Politics
- Time of India
Justice Kant: Indian judiciary shaped democracy's moral spine
NEW DELHI: Indian judiciary has been instrumental in shaping the democracy's moral spine by interpreting the Constitution's textual commands in a way that gave vibrancy and dynamism to the country's governance structure, said Justice Surya Kant, who will become the 53rd Chief Justice of India in Nov. Speaking to legal scholars and students in Seattle (US), he said in Kesavananda Bharti case, SC established the 'basic structure doctrine', which elucidated that while Parliament could amend the Constitution, it could not alter its fundamental identity. Justice Kant said, "When courts act to empower the powerless, grounded in constitutional text and moral clarity, they do not usurp democracy - they deepen it." While judiciary's proactive stance has often filled legislative or executive voids in advancing rights and justice, it has also, at times, drawn criticism for encroaching upon policy domains traditionally reserved for elected branches of govt, he said. "This tension invites a deeper inquiry into the legitimacy and limits of judicial intervention in a constitutional democracy," he added. He said principles such as the Rule of Law, Separation of Powers and Judicial Review were deemed unamendable. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo This doctrine, unprecedented at the time, was rooted not in textual literalism, but in an ethical reading of democratic continuity, he said. He juxtaposed the Bharti judgment with the infamous ADM Jabalpur case, in which during emergency SC had acquiesced to the govt's draconian diktat "no right available to citizens", and said it was only following the Maneka Gandhi case, immediately after the end of Emergency, that the true expansion of rights happened through SC's interpretative exercises. "In this period, SC has reaffirmed the supremacy of the Constitution and underscored that its foundational values, especially those relating to life and liberty, are inviolable and beyond compromise," Justice Kant said. Explaining judicial independence, he said it encompasses the ability to have intellectual and moral independence, that stretches beyond mere institutional autonomy. "The underlying purpose of the independence of the judiciary is that judges must be able to decide a dispute before them according to law, uninfluenced by any other factor," he said, addingit is ingrained in the system ," he said.
Powys County Times
7 days ago
- General
- Powys County Times
Senior Met officer sacked for second time over refusing drugs test
A senior Metropolitan Police officer has been sacked by the force for a second time after refusing to take a drugs test. Commander Julian Bennett was initially dismissed by a misconduct panel in October 2023 over the incident, but took his case to the Police Appeals Tribunal (PAT) in July last year and had his sacking overturned. He was found to have committed gross misconduct by failing to provide a urine sample for a drugs test on July 21 2020, which led to his suspension shortly afterwards. A panel found he had breached professional standards when he refused to provide the sample after being called in to do so in the presence of an assistant commissioner, instead offering to resign on the spot and asking for a meeting with then-commissioner Dame Cressida Dick. Following the PAT's decision to revoke the dismissal, the Met considered a legal challenge by way of a Judicial Review but decided that Mr Bennett should face a fresh misconduct hearing last September. The allegation proven against Mr Bennett was again found at the level of gross misconduct at the latest hearing. The officer, who served in the force from 1976, had remained suspended throughout the process and will now be added to the College of Policing's barred list. Assistant Commissioner Matt Twist said: 'I am enormously concerned that almost five years since this incident happened we have only now been able to dismiss Commander Bennett. 'This should have been a simple matter. Commander Bennett has never disputed he refused a lawful order to take a drugs test. 'As a senior officer who had chaired misconduct hearings, Commander Bennett was highly experienced and knew full well what was required of him, yet he made a choice not to co-operate. 'He has been suspended on full pay for an extraordinary length of time. I am sure Londoners will be as outraged as we are at the utter waste of public funds spent paying a senior officer to sit at home suspended and not work.' Mr Twist said that 'while the Met is not responsible for all the delays in Commander Bennett's matter, we are also working hard to expedite cases and cut bureaucracy', adding: 'I am confident a situation like Commander Bennett's prolonged case would not happen again.' Mr Bennett wrote the Met's drugs strategy for 2017-21 as a commander for territorial policing. The document, called Dealing With The Impact Of Drugs On Communities, set up plans to raise 'awareness of the impact of drug misuse'. He chaired misconduct panels over several years and freedom of information requests showed he presided over 74 misconduct hearings involving 90 officers between June 2010 and February 2012, leading to 56 officers being dismissed.
The Herald Scotland
7 days ago
- General
- The Herald Scotland
Senior Met officer sacked for second time over refusing drugs test
He was found to have committed gross misconduct by failing to provide a urine sample for a drugs test on July 21 2020, which led to his suspension shortly afterwards. A panel found he had breached professional standards when he refused to provide the sample after being called in to do so in the presence of an assistant commissioner, instead offering to resign on the spot and asking for a meeting with then-commissioner Dame Cressida Dick. Following the PAT's decision to revoke the dismissal, the Met considered a legal challenge by way of a Judicial Review but decided that Mr Bennett should face a fresh misconduct hearing last September. The allegation proven against Mr Bennett was again found at the level of gross misconduct at the latest hearing. The officer, who served in the force from 1976, had remained suspended throughout the process and will now be added to the College of Policing's barred list. Assistant Commissioner Matt Twist said: 'I am enormously concerned that almost five years since this incident happened we have only now been able to dismiss Commander Bennett. 'This should have been a simple matter. Commander Bennett has never disputed he refused a lawful order to take a drugs test. 'As a senior officer who had chaired misconduct hearings, Commander Bennett was highly experienced and knew full well what was required of him, yet he made a choice not to co-operate. 'He has been suspended on full pay for an extraordinary length of time. I am sure Londoners will be as outraged as we are at the utter waste of public funds spent paying a senior officer to sit at home suspended and not work.' Mr Twist said that 'while the Met is not responsible for all the delays in Commander Bennett's matter, we are also working hard to expedite cases and cut bureaucracy', adding: 'I am confident a situation like Commander Bennett's prolonged case would not happen again.' Mr Bennett wrote the Met's drugs strategy for 2017-21 as a commander for territorial policing. The document, called Dealing With The Impact Of Drugs On Communities, set up plans to raise 'awareness of the impact of drug misuse'. He chaired misconduct panels over several years and freedom of information requests showed he presided over 74 misconduct hearings involving 90 officers between June 2010 and February 2012, leading to 56 officers being dismissed.
Yahoo
7 days ago
- General
- Yahoo
Senior Met officer sacked for second time over refusing drugs test
A senior Metropolitan Police officer has been sacked by the force for a second time after refusing to take a drugs test. Commander Julian Bennett was initially dismissed by a misconduct panel in October 2023 over the incident, but took his case to the Police Appeals Tribunal (PAT) in July last year and had his sacking overturned. He was found to have committed gross misconduct by failing to provide a urine sample for a drugs test on July 21 2020, which led to his suspension shortly afterwards. A panel found he had breached professional standards when he refused to provide the sample after being called in to do so in the presence of an assistant commissioner, instead offering to resign on the spot and asking for a meeting with then-commissioner Dame Cressida Dick. Following the PAT's decision to revoke the dismissal, the Met considered a legal challenge by way of a Judicial Review but decided that Mr Bennett should face a fresh misconduct hearing last September. The allegation proven against Mr Bennett was again found at the level of gross misconduct at the latest hearing. The officer, who served in the force from 1976, had remained suspended throughout the process and will now be added to the College of Policing's barred list. Assistant Commissioner Matt Twist said: 'I am enormously concerned that almost five years since this incident happened we have only now been able to dismiss Commander Bennett. 'This should have been a simple matter. Commander Bennett has never disputed he refused a lawful order to take a drugs test. 'As a senior officer who had chaired misconduct hearings, Commander Bennett was highly experienced and knew full well what was required of him, yet he made a choice not to co-operate. 'He has been suspended on full pay for an extraordinary length of time. I am sure Londoners will be as outraged as we are at the utter waste of public funds spent paying a senior officer to sit at home suspended and not work.' Mr Twist said that 'while the Met is not responsible for all the delays in Commander Bennett's matter, we are also working hard to expedite cases and cut bureaucracy', adding: 'I am confident a situation like Commander Bennett's prolonged case would not happen again.' Mr Bennett wrote the Met's drugs strategy for 2017-21 as a commander for territorial policing. The document, called Dealing With The Impact Of Drugs On Communities, set up plans to raise 'awareness of the impact of drug misuse'. He chaired misconduct panels over several years and freedom of information requests showed he presided over 74 misconduct hearings involving 90 officers between June 2010 and February 2012, leading to 56 officers being dismissed.
NZ Herald
26-05-2025
- Politics
- NZ Herald
Greyhound racing fights NZ ban with High Court review
'We think Mr Peters has been the best Racing Minister this country has had, but we believe on this matter he was poorly advised,' says Rennell. GRNZ's application to the court says the Cabinet paper produced by the Department of Internal Affairs (DIA) focused on animal welfare but was selective in its use of reports from the Racing Integrity Board (RIB) and included no information from the National Animal Welfare Advisory Committee (NAWAC). For example, an RIB November 2024 report stated that GRNZ met welfare standards, often better than other animal sports or greyhound racing worldwide, but this information was left out of the DIA report and Cabinet paper, says GRNZ. GRNZ's application says there was a duty, promise and expectation to consult with GRNZ on the decision which never happened, despite a history of constructive engagement on animal welfare. While GRNZ faces a shutdown by August 2026, Rennell says the application for the Judicial Review is not about buying greyhound racing time or slowing down the closure down of the code. 'If the review is granted we would like the matter handled as quickly as possible and I am sure the Crown would too.' The application for the judicial review will not have come as a surprise to Mr Peters' office as he spoke about its likelihood in March. 'I have just heard they [GRNZ] are going to take me on, possibly in court. Well, let's see,' Peters said at the time. His office was waiting to see the full text of the application lodged by GRNZ counsel Chris Finlayson on Monday before commenting, with Mr Peters in Sri Lanka.
