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 exertion of actual and effective power by the Imperial Parliament
throughout the United Kingdom is a totally different thing from the
supremacy or sovereignty exercised by Parliament throughout the whole
British Empire. As a matter of legal theory Parliament has the right to
legislate for any part of the Crown's dominions. Parliament may lawfully
impose an income tax upon the inhabitants of New South Wales; it may
lawfully abolish the constitution of the Canadian Dominion, just as some
years ago it did actually abolish the ancient constitution of Jamaica.
But though Parliament does in fact exert a certain, or rather a very
uncertain, amount of power throughout the whole Empire, we all know that
the Imperial Parliament neither exercises, nor claims to exercise, in a
self-governing colony such as New Zealand,[7] that kind of effective
authority which Parliament exercises in the United Kingdom. The Cabinet
of New Zealand is not appointed at Westminster; the action of a New
Zealand Ministry as regards the affairs of New Zealand is not controlled
by the English Government. Not a pennyworth of taxation is imposed on
the inhabitants of New Zealand, or of any colony whatever, by the
Imperial Parliament. Even the imposition of customs, though it has an
important bearing on the interest of the Empire, is in a self-governing
colony determined by the colonial, and not by the British, Parliament.
It is the Parliament of New Zealand, and not the Parliament of England,
which governs New Zealand. The Imperial Parliament, though for Imperial
purposes it may retain an indefinite supremacy throughout the British
Empire, has, as regards self-governing colonies, renounced, for all
other than Imperial purposes, executive and legislative functions. To
labour this point may savour of pedantry. But the distinction insisted
upon, whilst often overlooked, is of extreme importance. We risk being
deceived by words. The Imperial Parliament is supreme in the United
Kingdom, it is also supreme in New Zealand. But the supremacy of the
Imperial Parliament is a misleading expression; it means one thing in
the United Kingdom, and another thing in New Zealand or in Canada. In
the United Kingdom it means the exercise of real, actual, effective and
absolute authority. In New Zealand it means little more than the claim
to regulate matters of a distinctly and exclusively Imperial character.
The distinction is vital. The essential feature of the English
constitution is the actual and direct government of the whole United
Kingdom by the Parliament at Westminster. No change could be more
fundamental than a change which, in England, Scotland, or Ireland,
reduced this actual authority to the ultimate or reserved sovereignty
exercised, or rather claimed, by Parliament in Canada or in New Zealand.
The negative characteristic of the English constitution is the absence
of federalism or of the federal spirit.
Public-domain text, read in full here on John Shaqi.
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