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
72, to abolish the constitution of New Zealand
altogether. But these things Parliament will not, and to speak truly
cannot, do in New Zealand. The inhabitants of New Zealand possess as
regards their internal affairs for practical purposes complete
independence. They are governed from Wellington, they are not governed
from Westminster. If in short the supremacy of Parliament means under
the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in
New Zealand, the inhabitants of Ireland will, when the Home Rule Bill
passes into law, be governed from Dublin, they will not be governed from
Westminster. Every Irish Home Ruler, be he Parnellite or
Anti-Parnellite,[29] believes that the supremacy of Parliament is
intended to mean in Ireland what it means in New Zealand, and the Irish
Home Rulers are right. Any one will see that this is so who reflects on
the meaning of the policy of Home Rule, who studies the authoritative
utterances of Gladstonian leaders, such as Mr. Gladstone[30] himself,
Mr. Asquith,[31] or Mr. Bryce.[32] Gladstonian statesmen wrap up their
meaning in vague generalities; they insist, and in one sense with truth,
that the sovereignty of Parliament is reserved. They do not wish to
alarm their English followers. It is possible that they conceal even
from themselves how completely the Imperial Ministry and Parliament
surrender the practical government of Ireland into the hands of the
Irish Parliament and its leaders. But for all this, their own language
and the Bill itself prove that the supreme authority of Parliament is
under the new constitution to be taken in its limited, and what for the
sake of distinction we may call its 'colonial' sense. This is proved, if
evidence were wanting, by the provision[33] that after fifteen years from
the time when the Bill passes into law the financial relations between
England and Ireland may be revised in pursuance of an Address to the
Crown from the House of Commons or from the Irish legislative assembly.
If the Imperial Parliament retains an effective or practically unlimited
supremacy, the provision is futile and needless. What necessity is there
for enacting that a sovereign Parliament, which institutes, may alter a
scheme of taxation? But the provision is intelligible enough on one
supposition, and on one supposition only. It is both intelligible and in
place if Parliament gives up the real right of governing Ireland and
occupies towards what is now a part of the United Kingdom the position,
or something very like the position, which Parliament occupies towards a
self-governing colony. It then embodies a compact between England and
Ireland, and institutes a regular method for revising their financial
relations. But this very compact proves that as regards Ireland the
Imperial Parliament, if it reserves to itself ultimate sovereignty, has
for practical purposes surrendered the reality of control.
Public-domain text, read in full here on John Shaqi.
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