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
The supremacy of the Imperial Parliament may mean the right and power of
Parliament to govern Ireland in the same sense in which it now governs
England, that is, to exercise effective control over the whole
administration of affairs in Ireland, and for this purpose, through the
action of the English Government, or, when necessary, by legislation, to
direct, supervise and control the acts of every authority in Ireland,
including the Irish Executive and the Irish Legislature. If this were
the meaning of the expression, the Imperial Parliament would, after the
passing of the Home Rule Bill, as before, be as truly supreme in Ireland
as in England, in Scotland, in the Isle of Man, or in Jersey. The Irish
Executive and the Irish Parliament would, of course, be bodies
possessing large--and it might be very dangerous--delegated powers, but
they would stand in the same relation to the Imperial Parliament as does
the London County Council, which also possesses large delegated powers,
which administers the affairs of a population as large as that of
Scotland and which, very possibly, may receive from Parliament as time
goes on larger and more extended authority than the Council now
possesses. This is the sense which many Gladstonians, and some
Unionists, attribute to the term 'supremacy of Parliament.' It is not
the sense in which the expression 'supreme authority of Parliament' is
used in the Home Rule Bill.
The supremacy of Parliament may bear quite another sense; it may mean
that Parliament, whilst completely giving up the management of Irish
affairs (subject of course to the Restrictions contained in the Home
Rule Bill) to the Irish Executive and the Irish Legislature, retains in
Ireland, as elsewhere throughout the Empire, reserved sovereignty, or
the theoretical right (which exceptionally though rarely may be put into
practice) of passing laws for Ireland and of course, among other laws,
an Act modifying or repealing the terms of the Home Rule Bill itself. If
this is the meaning of the expression 'supreme authority of Parliament,'
the Imperial Parliament will, after the passing of the Home Rule Bill,
stand in substance in the relation to Ireland which Parliament occupies
towards any important self-governing colony, such as is the Canadian
Dominion or New Zealand. The Irish Executive and the Irish Parliament
will on this view constitute the real substantial government of Ireland,
just as the Ministry and the Parliament of New Zealand constitute the
real and substantial government of New Zealand. No doubt the Imperial
Parliament will retain the theoretical right to legislate for Ireland,
_e.g._ to pass an Irish Coercion Act, just as Parliament retains the
theoretical right to legislate for New Zealand or Canada. So the
Imperial Parliament has the legal right to repeal or override any law
passed by the New Zealand Parliament, to tax the inhabitants of New
Zealand, or finally, by the repeal of the New Zealand Constitution Act,
1852, 15 & 16 Vict. c.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account