Wilfred Greene, 1st Baron Greene
Encyclopedia
Wilfred Arthur Greene, 1st Baron Greene MC
, OBE
, KC, PC
(30 December 1883-16 April 1952) was a British
lawyer and judge.
in 1906 with a BA
. He was admitted to Inner Temple
in 1908 entitled to practice as a Barrister-at-Law. He graduated from Christ Church, Oxford in 1912 with an Oxbridge MA. He gained the rank of Captain in the service of the 2/1st Battalion,Oxfordshire and Buckinghamshire Light Infantry. He fought in the First World War between 1914 and 1918. He was decorated with the award of the MC
in 1918. He was decorated with the award of Cavaliere, Order of the Crown of Italy. He was decorated with the award of Croix de Guerre. He was invested with an OBE
in 1919. http://thepeerage.com/p23450.htm#i234500
from 1935 to 1937. He served as Master of the Rolls
between 1937 and 1949, and subsequently became a Law Lord
. On 16 July 1941 he was raised to the peerage as Baron Greene, of Holmbury St Mary in the County of Surrey. The title became extinct on his death in April 1952, aged 68.
Greene was a master of administrative law – indeed it is difficult to exaggerate his contribution to this field. Despite some refinements, the Wednesbury doctrine of reasonableness (see citation below) remains the benchmark by which courts review decisions of public bodies. Of equal significance was his enunciation of the Carltona doctrine
in Carltona Ltd. v. Commissioners of Public Works [1943] 2 All E.R. 560 that "the duties imposed upon Ministers and the powers given to Ministers are normally exercised under the authority of the Minister by responsible officials of the Department". It may be said that the Carltona doctrine is the legal underpinning for the operation of the civil service in the United Kingdom and Ireland.
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
, OBE
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...
, KC, PC
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...
(30 December 1883-16 April 1952) was a 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 and judge.
Education and Military Service
Greene was educated at Westminster College London, England. He graduated from Christ Church, OxfordChrist Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
in 1906 with a 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...
. He was admitted to Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1908 entitled to practice as a Barrister-at-Law. He graduated from Christ Church, Oxford in 1912 with an Oxbridge MA. He gained the rank of Captain in the service of the 2/1st Battalion,Oxfordshire and Buckinghamshire Light Infantry. He fought in the First World War between 1914 and 1918. He was decorated with the award of the MC
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
in 1918. He was decorated with the award of Cavaliere, Order of the Crown of Italy. He was decorated with the award of Croix de Guerre. He was invested with an OBE
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...
in 1919. http://thepeerage.com/p23450.htm#i234500
Legal and judicial career
Greene was a Lord Justice of AppealLord 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:...
from 1935 to 1937. He served as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
between 1937 and 1949, and subsequently became a Law Lord
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
. On 16 July 1941 he was raised to the peerage as Baron Greene, of Holmbury St Mary in the County of Surrey. The title became extinct on his death in April 1952, aged 68.
Greene was a master of administrative law – indeed it is difficult to exaggerate his contribution to this field. Despite some refinements, the Wednesbury doctrine of reasonableness (see citation below) remains the benchmark by which courts review decisions of public bodies. Of equal significance was his enunciation of the Carltona doctrine
Carltona doctrine
The Carltona doctrine expresses the idea that, in United Kingdom law, the acts of government departmental officials are synonymous with the actions of the minister in charge of that department. The point was established in Carltona Ltd v...
in Carltona Ltd. v. Commissioners of Public Works [1943] 2 All E.R. 560 that "the duties imposed upon Ministers and the powers given to Ministers are normally exercised under the authority of the Minister by responsible officials of the Department". It may be said that the Carltona doctrine is the legal underpinning for the operation of the civil service in the United Kingdom and Ireland.
Honours
- Military CrossMilitary CrossThe Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
in 1918. - OBEOrder of the British EmpireThe 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...
in 1919. - KC in 1922.
- Cavaliere, Order of the Crown of ItalyOrder of the Crown of ItalyThe Order of the Crown of Italy was founded as a national order in 1868 by King Vittorio Emanuele II, to commemorate the unification of Italy in 1861...
- Croix de GuerreCroix de guerreThe Croix de guerre is a military decoration of France. It was first created in 1915 and consists of a square-cross medal on two crossed swords, hanging from a ribbon with various degree pins. The decoration was awarded during World War I, again in World War II, and in other conflicts...
- Knight BachelorKnight BachelorThe rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
in 1935. - Privy CouncillorPrivy Council of the United KingdomHer 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 1935. - Raised to the PeeragePeerage of the United KingdomThe Peerage of the United Kingdom comprises most peerages created in the United Kingdom of Great Britain and Ireland after the Act of Union in 1801, when it replaced the Peerage of Great Britain...
in 1941
Cases
- Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223
- Re Smith & Fawcett [1942] Ch. 304