A Leap in the Dark: A Criticism of the Principles of Home Rule as Illustrated by the; Bill of 1893Dicey, A. V. (Albert Venn)
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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
This course, it may be said, is unconstitutional. This word has
no terrors for me; it means no more than unusual, and the institution of
a Referendum would simply mean the formal acknowledgment of the doctrine
which lies at the basis of English democracy--that a law depends at
bottom for its enactment on the assent of the nation as represented by
the electors. At a time when the true danger is that sections or classes
should arrogate to themselves authority which belongs to the State, it
is an advantage to bring into prominence the sovereignty of the nation.
The present is exactly a crisis at which we may override the practices
to save the principles of the constitution. The most forcible objection
which can be made is that you ought not for the sake of avoiding a
particular evil to introduce an innovation of dubious expediency. The
objection itself is valid, but it is in the present instance
inapplicable. My conviction is that the introduction of the Referendum,
in one shape or another in respect of large constitutional changes,
would be a distinct benefit to the country. It affords the one available
check on the recklessness of party leaders; for the check is at once
effective and in perfect conformity with democratic principle and
sentiment. A second objection is that a Referendum renders any law which
obtains the approval of the electors more difficult of alteration than
an ordinary Act of Parliament. The allegation is true, but it really
tells greatly in favour of an ultimate reference to the people of any
Home Rule Bill passed in a Parliament. If such a Bill becomes law, it
ought to be a law not admitting of easy repeal. No doubt reaction may be
justifiable, but reaction is a great evil, and the Referendum puts a
check as well on reaction as on hasty innovation. In any case the time
has arrived when Unionist statesmen should consider the expediency of
announcing that no Home Rule Bill will finally be accepted until it has
undergone a reference to and received the approval of the electors. On
no better issue could battle be joined with revolutionists than on the
question whether the people of the United Kingdom should or should not
be allowed to express their will. Unionists have every reason to feel
confidence in their cause; their only policy, their one path of safety
is to make it, as they can do, absolutely plain that they rely upon
justice, and that they appeal from parties to the nation.
Public-domain text, read in full here on John Shaqi.
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