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
[23] 'The Imperial Parliament was supreme, but he held the passing of
the Home Rule Bill, reserving certain subjects to the Imperial
Parliament and committing others to the Parliament of Ireland, as
amounting to a compact which would be observed by men of common sense
that there would be no capricious or vexatious interference by this
Parliament with an action within the appointed sphere of the Parliament
of Ireland. If such interference were attempted, the presence in this
Parliament of eighty Irish members--a number which had been found to be
sufficient to initiate an Irish constitution--would be found sufficient
to protect an Irish constitution when it was given.'--Mr. Sexton, Feb.
13, 1893, _Times Parliamentary Debates,_ p. 318.
[24] For evidence that the power of the Imperial Parliament is intended
under the new constitution to be subjected to at any rate a moral limit,
the reader should note particularly the terms of the Home Rule Bill,
clause 12, sub-clause (3).
CHAPTER II
THE NEW CONSTITUTION
A critic of the new constitution, intent on ascertaining how it affects
the relation of Great Britain and Ireland, will do well to divert his
attention from the numerous details of the Home Rule Bill, important as
many of them are,[25] and fix his mind almost exclusively upon the four
leading features of the measure.
These are:--
_First_. The supremacy of the Imperial Parliament.
_Secondly_. The retention of the Irish members in the Parliament
at Westminster.
_Thirdly_. The powers of the Irish Government, in which term is
here included both the Irish Executive and the Irish Parliament.
_Fourthly_. The Restrictions (popularly known as the safeguards)
and the obligations imposed upon the Irish Government.
These features are primary and essential; everything else, however
important in itself, is subsidiary and accidental.
A. _The Supremacy of the Imperial Parliament_[26]
The Home Rule Bill asserts in its preamble the inexpediency of
'impairing or restricting the supreme authority of Parliament'; and in
clause 33, apparently[27] assumes the right of the Imperial Parliament
after the passing of the Home Rule Bill to enact for Ireland laws which
cannot be repealed by the Irish Parliament.
The new constitution therefore maintains the supremacy of the Imperial
Parliament.
What, however, is the true meaning of this 'supreme authority,'
'supremacy,' or 'sovereignty,' if you like, of the Imperial Parliament?
The term, as already pointed out,[28] is distinctly ambiguous, and
unless this ambiguity is cleared up, the effect of the Home Rule Bill,
and the nature of our new constitution, will never be understood.
Public-domain text, read in full here on John Shaqi.
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