An Analytical Study of Lord Hewart: Despotism Renewed, Hewart Unburied

ISBN-13: 9781527553125 / Twarda / 2024 / 420 str.

Neil Hickman

Opis

This book is a long overdue reappraisal of Lord Hewart (Lord Chief Justice 1922-1940) and his book The New Despotism (1929). Following a brief biographical note, the book examines Hewart as a judge and concludes that although he was indeed a failure as a first instance judge, he was a successful appellate judge who did a lot of good. The oft-quoted assessments of him by Heuston and Devlin are examined and shown to be deeply unfair. The book considers the concerns which Hewart expressed, and shows how all of the safeguards identified by the Scott-Donoughmore Committee in 1932 have been discarded. The dangerous elision of “the sovereignty of Parliament” and “the sovereignty of the Executive” is highlighted, alongside the reality of the minimal control exerted over the Executive by Parliament and by the courts. The book looks at an interesting, important and unjustly neglected figure in English legal history, and contributes to a vital debate on the constitutional future of the country.