Gordon Hewart, 1st Viscount Hewart
Encyclopedia
Gordon Hewart, 1st Viscount Hewart, PC
(7 January 1870 – 5 May 1943) was a politician and judge in the United Kingdom.
, Lancashire the son of Giles Hewart, he was educated at Manchester Grammar School
and University College, Oxford
.
Member of Parliament from 1913 and was made a Privy Counsellor
in 1918, Attorney General
from 10 January 1919 to 6 March 1922. He entered the cabinet in 1921, and was Lord Chief Justice of England and Wales
from 8 March 1922 to 12 October 1940. He was given a peerage as Baron Hewart in 1922 to allow him to sit in the House of Lords
as Lord Chief Justice. Upon his retirement he was created Viscount Hewart
.
In 1929 Hewart published The New Despotism
, in which he claimed that the rule of law
in Britain was being undermined by the legislature. This book was very controversial and led to the appointment of a Committee on Ministers' Powers—chaired by the Earl of Donoughmore
—but its Report rejected Hewart's arguments. He has been described as "one of the most vigorous and vociferous believers in the impeccability of the English jury system of this or any other century" However, in 1931, Hewart made legal history, when (sitting with Mr. Justice Branson and Mr. Justice Hawke) he quashed the conviction for murder of William Herbert Wallace
, on the grounds that the conviction was not supported by the weight of the evidence. In other words – the jury was wrong. Lord Hewart was the originator (paraphrased from the original) of the aphorism "Not only must Justice be done; it must also be seen to be done." He died in Barnet
aged 73.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
(7 January 1870 – 5 May 1943) was a politician and judge in the United Kingdom.
Background and education
Born in BuryBury
Bury is a town in Greater Manchester, England. It lies on the River Irwell, east of Bolton, west-southwest of Rochdale, and north-northwest of the city of Manchester...
, Lancashire the son of Giles Hewart, he was educated at Manchester Grammar School
Manchester Grammar School
The Manchester Grammar School is the largest independent day school for boys in the UK . It is based in Manchester, England...
and University College, Oxford
University College, Oxford
.University College , is a constituent college of the University of Oxford in England. As of 2009 the college had an estimated financial endowment of £110m...
.
Political and legal career
He was a LiberalLiberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
Member of Parliament from 1913 and was made a Privy Counsellor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
in 1918, Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
from 10 January 1919 to 6 March 1922. He entered the cabinet in 1921, and was Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
from 8 March 1922 to 12 October 1940. He was given a peerage as Baron Hewart in 1922 to allow him to sit in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
as Lord Chief Justice. Upon his retirement he was created Viscount Hewart
Viscount Hewart
Viscount Hewart, of Bury in the County of Lancaster, was a title in the Peerage of the United Kingdom. It was created in 1940 for Gordon Hewart, 1st Baron Hewart, on his retirement as Lord Chief Justice. He had already been created Baron Hewart, of Bury in the County of Lancaster, in 1922, also in...
.
In 1929 Hewart published The New Despotism
The New Despotism
The New Despotism was a book authored by The Rt. Hon. Lord Hewart of Bury, Lord Chief Justice of England and published in 1929 by Ernest Benn Limited. Hewart described this "new despotism" as "to subordinate Parliament, to evade the Courts, and to render the will, or the caprice, of the Executive...
, in which he claimed that the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
in Britain was being undermined by the legislature. This book was very controversial and led to the appointment of a Committee on Ministers' Powers—chaired by the Earl of Donoughmore
Richard Hely-Hutchinson, 6th Earl of Donoughmore
Richard Walter Hely-Hutchinson, 6th Earl of Donoughmore KP, PC , styled Viscount Suirdale until 1900, was an Irish peer and Conservative politician...
—but its Report rejected Hewart's arguments. He has been described as "one of the most vigorous and vociferous believers in the impeccability of the English jury system of this or any other century" However, in 1931, Hewart made legal history, when (sitting with Mr. Justice Branson and Mr. Justice Hawke) he quashed the conviction for murder of William Herbert Wallace
William Herbert Wallace
William Herbert Wallace was convicted in 1931 of the murder of his wife Julia in their home in Wolverton Street in Liverpool's Anfield district...
, on the grounds that the conviction was not supported by the weight of the evidence. In other words – the jury was wrong. Lord Hewart was the originator (paraphrased from the original) of the aphorism "Not only must Justice be done; it must also be seen to be done." He died in Barnet
Barnet
High Barnet or Chipping Barnet is a place in the London Borough of Barnet, North London, England. It is a suburban development built around a twelfth-century settlement and is located north north-west of Charing Cross. Its name is often abbreviated to Barnet, which is also the name of the London...
aged 73.