John Sankey, 1st Viscount Sankey
Encyclopedia
John Sankey, 1st Viscount Sankey GBE
, KStJ
, PC, KC (26 October 1866 – 6 February 1948) was a prominent British
lawyer, judge and Labour
politician, famous for many of his judgments in the House of Lords
. He gave his name to the Sankey Declaration of the Rights of Man (1940).
, by his wife Catalina (née Dewsbury), and was educated at Lancing
, Sussex
and Jesus College, Oxford
, graduating with a second
-class BA
in Modern History
in 1889 and a third
-class Bachelor of Civil Law
degree in 1891. He was called to the Bar
, Middle Temple
, in 1892.
In 1909 he was appointed a King's Counsel.
, in 1914. He was appointed a Lord Justice of Appeal
in 1928. He was raised to the peerage as Baron Sankey, of Moreton in the County of Gloucester, in 1929 on being appointed Lord Chancellor
in Ramsay MacDonald
's Labour
government. He was one of the few Labour politicians to follow MacDonald into the National Government in 1931, and served as Lord Chancellor until 1935, when Stanley Baldwin
re-entered office. In 1932 he was created Viscount Sankey, of Moreton in the County of Gloucester.
Several of his judgments in the House of Lords have become landmark statements of law. Of particular note are his statements in Edwards v. Canada (Attorney General)
(often referred to as the Persons Case) which dealt with the eligibility of women to be appointed to the Canadian Senate. In his decision, Sankey set out the living tree doctrine
of constitutional interpretation that has become a foundation of Canadian constitutional law.
Viscount Sankey's judgment in Woolmington v DPP [1935] AC 462 is famous for iterating the duty inherent on the Prosecution to prove the prisoner's guilt beyond a reasonable doubt. In pertinent part, his judgment stated:
This judgment is usually referred to as the 'golden thread'.
The Sankey Declaration has been called a milestone in the development of human rights, but was largely overtaken by the Universal Declaration of Human Rights
.
at his former school Lancing College
is named after him.
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, KStJ
Venerable Order of Saint John
The Most Venerable Order of the Hospital of Saint John of Jerusalem , is a royal order of chivalry established in 1831 and found today throughout the Commonwealth of Nations, Hong Kong, Ireland and the United States of America, with the world-wide mission "to prevent and relieve sickness and...
, PC, KC (26 October 1866 – 6 February 1948) was a prominent British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
lawyer, judge and Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
politician, famous for many of his judgments 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....
. He gave his name to the Sankey Declaration of the Rights of Man (1940).
Background and education
Sankey was the son of Thomas Sankey, of Moreton, GloucestershireGloucestershire
Gloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....
, by his wife Catalina (née Dewsbury), and was educated at Lancing
Lancing College
Lancing College is a co-educational English independent school in the British public school tradition, founded in 1848 by Nathaniel Woodard. Woodard's aim was to provide education "based on sound principle and sound knowledge, firmly grounded in the Christian faith." Lancing was the first of a...
, Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
and Jesus College, Oxford
Jesus College, Oxford
Jesus College is one of the colleges of the University of Oxford in England. It is in the centre of the city, on a site between Turl Street, Ship Street, Cornmarket Street and Market Street...
, graduating with a second
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...
-class BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in Modern History
Modern history
Modern history, or the modern era, describes the historical timeline after the Middle Ages. Modern history can be further broken down into the early modern period and the late modern period after the French Revolution and the Industrial Revolution...
in 1889 and a third
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...
-class Bachelor of Civil Law
Bachelor of Civil Law
Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
degree in 1891. He was called to the Bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
, Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, in 1892.
In 1909 he was appointed a King's Counsel.
Political and legal career
Sankey became a judge of the High Court, King's Bench DivisionHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, in 1914. He was appointed a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
in 1928. He was raised to the peerage as Baron Sankey, of Moreton in the County of Gloucester, in 1929 on being appointed Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
in Ramsay MacDonald
Ramsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
's Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government. He was one of the few Labour politicians to follow MacDonald into the National Government in 1931, and served as Lord Chancellor until 1935, when Stanley Baldwin
Stanley Baldwin
Stanley Baldwin, 1st Earl Baldwin of Bewdley, KG, PC was a British Conservative politician, who dominated the government in his country between the two world wars...
re-entered office. In 1932 he was created Viscount Sankey, of Moreton in the County of Gloucester.
Several of his judgments in the House of Lords have become landmark statements of law. Of particular note are his statements in Edwards v. Canada (Attorney General)
Edwards v. Canada (Attorney General)
Edwards v. Canada [1930] A.C. 124 – also known as the Persons Case – is a famous Canadian and British constitutional case where it was first decided that women were eligible to sit in the Canadian Senate...
(often referred to as the Persons Case) which dealt with the eligibility of women to be appointed to the Canadian Senate. In his decision, Sankey set out the living tree doctrine
Living tree doctrine
In Canadian law, the living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times....
of constitutional interpretation that has become a foundation of Canadian constitutional law.
Viscount Sankey's judgment in Woolmington v DPP [1935] AC 462 is famous for iterating the duty inherent on the Prosecution to prove the prisoner's guilt beyond a reasonable doubt. In pertinent part, his judgment stated:
Throughout the web of the English criminal law one golden thread is always to be seen - that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception...
This judgment is usually referred to as the 'golden thread'.
Sankey Declaration
Sankey's name is permanently associated with the Sankey Declaration of the Rights of Man, the product of the Sankey Committee of 1940, which he chaired. The most active member of the Committee was H.G. Wells and it is generally accepted that Wells was the principal author of the Declaration. It identified eleven fundamental human rights:- right to life
- protection of minors
- duty to the community
- right to knowledge
- freedom of thought and worship
- right to work
- right to personal property
- freedom of movement
- personal liberty
- freedom from violence
- right of law-making.
The Sankey Declaration has been called a milestone in the development of human rights, but was largely overtaken by the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
.
Personal life
Sankey never married. He died in February 1948, aged 81, when the barony and viscountcy became extinct. A houseHouse system
The house system is a traditional feature of British schools, and schools in the Commonwealth. Historically, it was associated with established public schools, where a 'house' refers to a boarding house or dormitory of a boarding school...
at his former school Lancing College
Lancing College
Lancing College is a co-educational English independent school in the British public school tradition, founded in 1848 by Nathaniel Woodard. Woodard's aim was to provide education "based on sound principle and sound knowledge, firmly grounded in the Christian faith." Lancing was the first of a...
is named after him.