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
In Ireland therefore the new constitution abolishes the effective
exercise of authority by the Imperial Parliament in matters of
administration, in matters of legislation, in matters of finance; every
concern which affects the daily life of Irishmen will be under the
control of the Irish Cabinet and the Irish Parliament. The relation of
the Imperial Parliament towards Ireland will not be the relation which
it now occupies towards the whole United Kingdom, and which under the
new constitution it will still occupy towards Great Britain. The
Imperial Parliament, it is true, retains considerable reserved powers;
what are the effect and nature of these powers shall be considered in
its due place. The matter upon which I now insist is simply this: the
new constitution does in any case transfer the effective government of
Ireland from the Imperial Parliament to the Irish Parliament. The
authority reserved to the Imperial Parliament may be termed supremacy,
or sovereignty, or may be described by any other fine-sounding name
which we are pleased to use, but the fact remains unaltered that, as
long as the new constitution stands and works, the Imperial Parliament
will not govern Ireland in the sense in which it governs England and
Scotland, and that such authority as it exerts in Ireland will be
analogous not to the power which it now exercises there, but to the
influence which it possesses in Canada or in New Zealand.[19]
The new constitution is at bottom a federalist or semi-federalist
constitution; it introduces into English institutions many of the forms
of federalism and still more of its spirit.
The Parliament sitting at Westminster becomes for the first time a
Federal Congress.
Of its members, 567 will represent Great Britain; 80 will represent
Ireland. The exact numbers are for the present purpose insignificant.
The serious matter is that the Imperial Parliament undergoes an
essential change of character. The British members will have, or are
intended to have, no concern with the government of Ireland. The Irish
members ought to have nothing to do with the government of Great
Britain. On Imperial subjects the Imperial Parliament, or, to call it by
its proper name, the Federal Congress, votes as a whole; on Irish
subjects it does not vote at all; on British topics its British members
only vote. The British and the Irish members, in short, alike represent,
though in a very clumsy fashion, the States of a Confederacy. Though the
fact be artfully concealed, we have under the new constitution already,
in germ at least, a British State and an Irish State, a British
Parliament and an Irish Parliament, and a third body consisting of these
two Parliaments, which is the Imperial or Federal Parliament.[20]
The different features of federalism make their appearance though under
strange forms.
The constitution imposes Restrictions on the powers of the State
Governments and of the Federal Government.
Public-domain text, read in full here on John Shaqi.
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