I mean, I'm northern European ... ;)
But who I am related to is someone much better, I've just learned from someone in England with whom I share a greatx4 grandmother (me by first husband, her by second; met her on line through name correction notes I posted at Ancestry) who has access to all the local records and isn't afraid to spend days digging in them.
I posted this at the Canada forum because it's a local-interest sort of thing, a civics lesson in itself, but it's also a fine genealogy tale. I have to say, given that constitutional law is the stuff of my daily bread, and all that rights and freedoms stuff is very dear to my heart, I'm thrilled!
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Anybody here know Viscount Sankey? Well, be not embarrassed. *I* was, that I didn't recognize the name when I was sent an email about him this week. I should know these things; it's actually kinda my job. I'm enormously embarrassed. And not just because ... but wait, more on that after.
The email I was sent explained how Viscount Sankey was the one who wrote the line about "The Golden Thread that runs through English law" that Rumpole was so fond of quoting at the Bailey -- about the presumption of innocence and the burden of proof and all that.
http://en.wikipedia.org/wiki/Woolmington_v._DPPIn articulating the ruling, Viscount Sankey made his famous "Golden thread" speech:
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. If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained. When dealing with a murder case the Crown must prove (a) death as the result of a voluntary act of the accused and (b) malice of the accused.
But after getting the email, I googled a bit more, and smacked my forehead and hung my head in shame at my negligent memory.
http://en.wikipedia.org/wiki/John_Sankey,_1st_Viscount_SankeySeveral of his judgments in the House of Lords have landmark statements of law. Of particular note are his statements in Edwards v. Canada (Attorney General) in which a case was held about women being allowed in the senate. In the end, women were allowed being senators.
He wrote the decision in the Persons Case -- the Famous Five and all that. (That was back when cases could be appealed from the Supreme Court of Canada to the Judicial Committee of the House of Lords as the court of last resort -- not the case for many decades now, but rather a good thing it was at the time.)
And not only that -- I just don't seem to have realized the extent to which our whole Canadian universe revolves around that case, completely apart from the question of women's equality itself:
http://en.wikipedia.org/wiki/Edwards_v._Canada_%28Attorney_General%29Edwards v. Canada (Attorney General) <1930> A.C. 124 – also known as the Persons Case – is a famous Canadian/British constitutional case where it was first decided that women were eligible to sit in the Senate. The case, put forward by the Famous Five, went all the way to the Privy Council and was a landmark case in many respects.
Opinion of the Judicial Committee of the Privy Council
Viscount Sankey, writing for the committee, found that the meaning of "qualified persons" could be read broadly to include women, reversing the decision of the Supreme Court. The landmark ruling was handed down on October 29, 1929.
Living tree doctrine
To arrive that his conclusion, Sankey proposed an entirely new approach to constitutional interpretation that has since become one of the core principles of constitutional law in Canada.
The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits. The object of the Act was to grant a Constitution to Canada. Like all written constitutions it has been subject to development through usage and convention.
Their Lordships do not conceive it to be the duty of this Board -- it is certainly not their desire -- to cut down the provisions of the Act by a narrow and technical construction, but rather to give it a large and liberal interpretation so that the Dominion to a great extent, but within certain fixed limits, may be mistress in her own house, as the provinces to a great extent, but within certain fixed limits, are mistresses in theirs.
From this the approach became known as the living tree doctrine which requires "large and liberal" interpretation.
Viscount Sankey invented the "living tree", along with the large-and-liberal approach to constitutional interpretation. (All of which I work with daily ...)
And this is why we have, oh, same-sex marriage and minority language rights.
http://en.wikipedia.org/wiki/Living_tree_doctrineIn Canadian law, the living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and liberal manner so as to adapt it to the changing times.
This is known as the Doctrine of Progressive Interpretation. This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. If constitutional interpretation adheres to the Framer's Intent and remains rooted in the past, the Constitution would not be reflective of society and eventually fall into disuse.
The "frozen concepts" reasoning runs contrary to one of the most fundamental principles of Canadian constitutional interpretation: that our Constitution is a living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life. (from the same-sex marriage reference)
Of course, the right wing in the US hates us for our living tree:
http://www.usnews.com/usnews/opinion/articles/050718/18john.htmIt's almost impossible to read much commentary about the role of the courts without stumbling across arguments for more judge-made law, often couched in fancy rhetoric about "a living Constitution" or the alleged need to read the Constitution "in light of societal needs and evolving legal policy." (U.S. liberals aren't unique: In approving gay marriage, Canada's Supreme Court said, "Our Constitution is a living tree, which, by way of progressive interpretation, accommodates and addresses the realities of modern life.")
So ... talk about yer civics lessons, eh?
But no; remember, this thread is about me.
I am the great-great-great-great-great granddaughter of Viscount Sankey's great-grandparents. My greatx4 grandmother and his grandfather were brother and sister.
So he is my second cousin four times removed. (I think.) Different generation, same set of ancestors.
Oh, he was a Labour peer (not hereditary) -- also served as Lord Chancellor under the Labour government 1929-35. And was apparently regarded as a class traitor in some quarters.
Now just exactly how cool is that??
http://www.npg.org.uk/live/search/portrait.asp?LinkID=mp05733&role=sit&rNo=1 
Can you see the resemblance?
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