| Biography | John Sankey, 1st Viscount Sankey GBE, KStJ, PC, KC (26 October 1866 6 February 1948) was a prominent British lawyer, judge, Labour politician and Lord Chancellor of Great Britain, 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).
Sankey was the son of Thomas Sankey, of Moreton, Gloucestershire, 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.[1][2] In 1909 he was appeared a King's Counsel.
Sankey became a judge of the High Court, King's Bench Division, in 1914. He was appointed a Lord Justice of Appeal in 1928.[4] 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.[1] 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: 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'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. |