John Sankey, 1st Viscount Sankey (26 October 1866 – 6 February 1948) was a British lawyer, judge, Labour politician and

Lord High Chancellor of Great Britain The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

, famous for many of his judgments in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

. He gave his name to the Sankey Declaration of the Rights of Man (1940).

Background and education

He was the son of Thomas Sankey, a grocer of

Moreton-in-Marsh Moreton-in-Marsh is a market town in the Evenlode Valley, within the Cotswolds district and Area of Outstanding Natural Beauty in Gloucestershire, England. Its flat and low-lying site is surrounded by the Cotswold Hills. The River Evenlode r ...

Gloucestershire Gloucestershire ( , ; abbreviated Glos.) is a Ceremonial counties of England, ceremonial county in South West England. It is bordered by Herefordshire to the north-west, Worcestershire to the north, Warwickshire to the north-east, Oxfordshire ...

, by his second wife Catalina (née Dewsbury). Sankey's father died when he was 8 years old, when the family moved to Castle Road (now

City Road City Road or The City Road is a road that runs through central London. The northwestern extremity of the road is at Angel where it forms a continuation of Pentonville Road. Pentonville Road itself is the modern name for the eastern part of Lo ...

) in

Roath Roath () is a district and Community (Wales), community to the north-east of the Cardiff city centre, city centre of Cardiff, capital of Wales. The area is mostly covered by the Plasnewydd electoral ward, and stretches from Adamsdown in the so ...

, Cardiff. Sankey was educated at a local

Anglican Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...

school, and with the financial support of an Anglican clergyman he attended

Lancing College Lancing College is a Public school (United Kingdom), public school (English Private schools in the United Kingdom, private boarding school, boarding and day school) for pupils aged 13–18 in southern England, UK. The school is located in West S ...

, a public school in

Sussex Sussex (Help:IPA/English, /ˈsʌsɪks/; from the Old English ''Sūþseaxe''; lit. 'South Saxons'; 'Sussex') is an area within South East England that was historically a kingdom of Sussex, kingdom and, later, a Historic counties of England, ...

. He studied at

Jesus College, Oxford Jesus College (in full: Jesus College in the University of Oxford of Queen Elizabeth's Foundation) is one of the constituent colleges of the University of Oxford in England. It is in the centre of the city, on a site between Turl Street, Ship ...

, graduating with a second-class BA in

Modern History The modern era or the modern period is considered the current historical period of human history. It was originally applied to the history of Europe and Western history for events that came after the Middle Ages, often from around the year 1500, ...

in 1889, and a third-class

Bachelor of Civil Law Bachelor of Civil Law (abbreviated BCL or B.C.L.; ) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cambridge; at Oxford, the BCL contin ...

degree in 1891. He was

called 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 "call to ...

Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...

in 1892.

Political and legal career

Sankey began his practice as a

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

in south Wales, later specialising in workmen's compensation cases. In 1909 he was appointed a

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

. Sankey became a judge of the High Court, King's Bench Division, in 1914. In 1919, Prime Minister

David Lloyd George David Lloyd George, 1st Earl Lloyd-George of Dwyfor (17 January 1863 – 26 March 1945) was Prime Minister of the United Kingdom from 1916 to 1922. A Liberal Party (United Kingdom), Liberal Party politician from Wales, he was known for leadi ...

appointed him to chair the Sankey Commission into the

coal industry Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other Chemical element, elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal i ...

, which recommended a seven-hour day for miners and the

nationalisation Nationalization (nationalisation in British English) is the process of transforming privately owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization contrasts with priv ...

of the industry. He was appointed a

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Just ...

in 1928. On Labour's victory in the 1929 general election, Sankey was appointed

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

Ramsay MacDonald James Ramsay MacDonald (; 12 October 18669 November 1937) was a British statesman and politician who served as Prime Minister of the United Kingdom. The first two of his governments belonged to the Labour Party (UK), Labour Party, where he led ...

, and was raised to the peerage as Baron Sankey, of Moreton in the County of Gloucester. 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, 1st Earl Baldwin of Bewdley (3 August 186714 December 1947), was a British statesman and Conservative politician who was prominent in the political leadership of the United Kingdom between the world wars. He was prime ministe ...

re-entered office. In 1932 he was created Viscount Sankey, of Moreton in the

County of Gloucester Gloucestershire ( , ; abbreviated Glos.) is a ceremonial county in South West England. It is bordered by Herefordshire to the north-west, Worcestershire to the north, Warwickshire to the north-east, Oxfordshire to the east, Wiltshire to the s ...

. Several of his judgments in the House of Lords have become landmark statements of law. Sankey's judgment in ''Woolmington v DPP'' 935AC 462 is famous for iterating the duty inherent on the prosecution to prove the prisoner's guilt beyond a

reasonable doubt Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of ...

. In pertinent part, his judgment stated:

Throughout the web of the
English criminal law English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...
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". Sitting in the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

, Lord Sankey gave decisions in significant

Canadian constitutional law Canadian constitutional law () is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any la ...

cases. Of particular note is

Edwards v. Canada (Attorney General) ''Edwards v Canada (AG)'', also known as the ''Persons Case'' (), is a Canadian constitutional case that decided in 1929 that women were eligible to sit in the Senate of Canada. The legal case was put forward by the Government of Canada on the ...

(often referred to as the Persons Case). In his decision, Sankey affirmed that women are eligible to be appointed to the

Senate of Canada The Senate of Canada () is the upper house of the Parliament of Canada. Together with the Monarchy of Canada#Parliament (King-in-Parliament), Crown and the House of Commons of Canada, House of Commons, they compose the Bicameralism, bicameral le ...

. In his analysis, he set out the living tree doctrine of constitutional interpretation that has become a foundation of Canadian constitutional law. In another significant decision, the Aeronautics Reference, Sankey held that the

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

had exclusive regulatory jurisdiction over aeronautics.

Sankey Declaration

Sankey's name was associated with the ''Sankey Declaration of the Rights of Man'', the product of the Sankey Committee, which was set up in 1940 by the '' Daily Herald'' and the National Peace Council, and which Sankey chaired. The most active member of the committee was

H. G. Wells Herbert George Wells (21 September 1866 – 13 August 1946) was an English writer, prolific in many genres. He wrote more than fifty novels and dozens of short stories. His non-fiction output included works of social commentary, politics, hist ...

, who prepared the draft that the Declaration was based on. It identified eleven fundamental human rights: *

right to life The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...

*protection of minors *duty to the community *right to knowledge *

freedom of thought Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by developing knowledge, concepts, theo ...

and

worship Worship is an act of religious devotion usually directed towards a deity or God. For many, worship is not about an emotion, it is more about a recognition of a God. An act of worship may be performed individually, in an informal or formal group, ...

right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...

* right to personal property *

freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...

personal liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...

*freedom from violence *right of law-making. The Sankey Declaration was widely publicised by its sponsors at the time, but has since been largely forgotten, having been overtaken by the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...

. Sankey played a key role in establishing the legal framework of the newly disestablished

Church in Wales The Church in Wales () is an Anglican church in Wales, composed of six dioceses. The Archbishop of Wales does not have a fixed archiepiscopal see, but serves concurrently as one of the six diocesan bishops. The position is currently held b ...

Personal life

Sankey never married. He died in London on 6 February 1948, aged 81, when the peerage became extinct. He is buried in The Lower Cemetery of Moreton in Marsh, Gloucestershire. A

house A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air c ...

at his former school

is named after him. Sankey endowed a scholarship for students at Jesus College Oxford seeking to practise at the English Bar.

Arms

References