A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893Dicey, A. V. (Albert Venn)
History
A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
Experience of federalism is not confined to the United States. The Swiss
Confederation is in Europe the most successful both of democratic and of
federal polities. The Swiss Executive exercises powers common to all
continental governments but of a description which no English Cabinet
could claim, and the Swiss Executive is made up of statesmen skilful
beyond measure in what may be called the diplomacy of federalism. Yet in
Switzerland, as in the United States, federal government means weak
government. Ticino is a small Canton, but from the days of Athenian
greatness small States have been the instructors of the world, and
Englishmen, hesitating over a political leap in the dark, would do well
to study the Ticinese revolution of September 11, 1890. The Radicals of
the Canton rose in insurrection, and deposed the lawful government by
violence; as Englishmen may remember, the contest though short involved
at least one murder. The Swiss Executive (called the Federal Council)
forthwith took steps to restore order and to reinstate the lawful
Cantonal government. Their own commissioner, a military officer, in
effect declined to put the overthrown government back in power. Order
was restored, but the law was never vindicated. A strange set of
negotiations, transactions, or intrigues took place. In the Federal
Assembly at Berne, the Conservatives, a minority, urged the rights of
the lawful government of Ticino. The Liberals defended or palliated the
revolutionists. On the whole the advantage seems to have rested with
the latter. A trial before a Federal Court took place, but the accused
were acquitted. No one, if I am rightly informed, was punished for an
act of manifest treason. It is even more noticeable that Professor
Hilty, a distinguished and respected Swiss publicist, vindicates or
palliates the admitted breach of law, in deference to the principle or
sentiment, which if true has wide application, that 'human nature is not
revolutionary, and that no revolution ever arises without a heavy share
of guilt (Mitschuld) on the part of the government against which the
revolution is directed.'[120] The instructiveness of this passage in
Swiss history as regards the working of our new constitution is obvious;
Englishmen should specially note the interconnection between lawlessness
in Ticino and the balance of parties at Berne; it is easy to foresee an
analogous connection between revolution, say in Dublin or Belfast, and
the balance of parties at Westminster. But this is not my immediate
point; my point is that the Federal Government at Berne cannot enforce
obedience to law in Ticino in the way in which Englishmen expect that
the Imperial Government shall, under any circumstances, enforce or cause
the law to be enforced in Ireland.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account