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An Analytical Study of Lord Hewart

From £40.99

An Analytical Study of Lord Hewart

Despotism Renewed, Hewart Unburied

By: Neil Hickman

From £40.99

This book is a long-overdue reappraisal of Lord Hewart, an unjustly neglected figure in English legal history. It shows that oft-quoted assessments of him are unfair and that his warnings about executive power are vital to the debate on the constitutional future of the country.

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…

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Author: Neil Hickman ISBN: 1-5275-5312-4 Category: Social Sciences, Law, Law

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.

Neil Hickman was educated at King Edward’s School, Birmingham, where he was a Foundation Scholar, and Worcester College, Oxford. After earning a First in Jurisprudence, he qualified as a solicitor, sitting from 1987 as a deputy registrar and deputy district judge. He was appointed as a District Judge in 2000, sitting at Milton Keynes and Aylesbury County Courts. He retired from the Bench in 2016. He has published papers in various journals, including the Law Quarterly Review, the Landlord & Tenant Review and the Archbold Review. He was General Editor of Civil Court Practice from 2004 to 2014, a contributor to Family Court Practice from 2005 to 2023, and a co-author of A Practical Guide to Family Proceedings (6th edition) (2018). He is the author of May it Please You, Madam; A Little Book of Legal Whimsy (2016) and Memorable Games of British Chess (2019).

Hardback

ISBN: 1-5275-5312-4
ISBN13: 978-1-5275-5312-5
Date of Publication: 2023-12-08

Paperback

ISBN: 1-0364-3066-9
ISBN13: 978-1-0364-3066-5
Date of Publication: 2024-12-13

Ebook

ISBN: 1-5275-5313-2
ISBN13: 978-1-5275-5313-2
Date of Publication: 2024-12-13

Category: Social Sciences, Law, Law

Pages: 425

Subject Codes:

BIC: LAZ, LND, LNDH
THEMA: LAZ, LND, LNDH

Pages: 425

“In this fine book the author reassesses the life and controversial career of Lord Hewart and places his book in the context of the constitutional situation of its times and the evolution of the British constitution since. It is perceptive, well-researched, well-written and entertaining as well as informative to read. A welcome addition to the library of anyone interested in modern legal history, the legislative process, the position of the judiciary, the rule of law and the current state of the constitution.”
- Emeritus Professor J.R. Spencer, CBE University of Cambridge
“This scholarly book is the product of painstaking research and preparation. After a brief outline of the memorable 20th-century judge, Lord Hewart, a well-argued case is made to justify analysing his contribution to both constitutional and wider law. It is timely as it comes nearly a hundred years after Hewart’s book and provides an admirable re-assessment of this controversial judicial figure’s work. It is an important contribution to the current debate on the extent to which the judges should put boundaries on the executive. It also valuably adds a number of helpful pointers for those who will decide a series of topical issues in the law and its administration.”
- Dr Hartley Booth, OBE MP for Finchley, 1992-1997

Meet The Author

Neil Hickman

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