The New Despotism
Encyclopedia
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 unfettered and supreme". The evasion of the Courts referred to increasing quasi-judicial decision-making by the civil service and the subordination of Parliament resulted from the growth of delegated legislation.
II. The Rule of Law
III. "Administrative Law"
IV. Administrative Lawlessness
V. The System at Work
VI. Departmental Legislation
VII. The Independence of the Judiciary
VIII. What is to be done?
IX. Some leading cases
X. Examples from statutes
) to review the powers of Ministers, however its Report (1932; Cmd. 4060) did not share Hewart's alarm.
The book and the Donoughmore Report provoked a group of socialist lawyers and political scientists, notably Professor Harold Laski
(a member of the Donoughmore Committee) and Sir (William) Ivor Jennings to criticise the Diceyan
concept of the rule of law.
In 1956, Richard Crossman
published a Fabian Society
tract titled Socialism and the New Despotism where he hoped reform of the judiciary would make the judiciary "regain the traditional function of defending individual rights against encroachment".
The book is a favourite of Margaret Thatcher's
.
Gordon Hewart, 1st Viscount Hewart
Gordon Hewart, 1st Viscount Hewart, PC was a politician and judge in the United Kingdom.-Background and education:...
, 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 unfettered and supreme". The evasion of the Courts referred to increasing quasi-judicial decision-making by the civil service and the subordination of Parliament resulted from the growth of delegated legislation.
Contents
I. The Nature of the QuestionII. The Rule of Law
III. "Administrative Law"
IV. Administrative Lawlessness
V. The System at Work
VI. Departmental Legislation
VII. The Independence of the Judiciary
VIII. What is to be done?
IX. Some leading cases
X. Examples from statutes
Reaction
The book created "a constitutional and political storm". It was rumoured that Whitehall "considered an attempt to boycott it". In response the British Government appointed the Donoughmore Committee (chaired by Lord DonoughmoreRichard 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...
) to review the powers of Ministers, however its Report (1932; Cmd. 4060) did not share Hewart's alarm.
The book and the Donoughmore Report provoked a group of socialist lawyers and political scientists, notably Professor Harold Laski
Harold Laski
Harold Joseph Laski was a British Marxist, political theorist, economist, author, and lecturer, who served as the chairman of the Labour Party during 1945-1946, and was a professor at the LSE from 1926 to 1950....
(a member of the Donoughmore Committee) and Sir (William) Ivor Jennings to criticise the Diceyan
A. V. Dicey
- References :...
concept of the rule of law.
In 1956, Richard Crossman
Richard Crossman
Richard Howard Stafford Crossman OBE was a British author and Labour Party politician who was a Cabinet Minister under Harold Wilson, and was the editor of the New Statesman. A prominent socialist intellectual, he became one of the Labour Party's leading Zionists and anti-communists...
published a Fabian Society
Fabian Society
The Fabian Society is a British socialist movement, whose purpose is to advance the principles of democratic socialism via gradualist and reformist, rather than revolutionary, means. It is best known for its initial ground-breaking work beginning late in the 19th century and continuing up to World...
tract titled Socialism and the New Despotism where he hoped reform of the judiciary would make the judiciary "regain the traditional function of defending individual rights against encroachment".
The book is a favourite of Margaret Thatcher's
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
.