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
Great Britain is, under the new constitution, not allowed to appoint the
British Cabinet. Great Britain is forbidden to determine for herself any
matter of legislation or administration which, however deeply it
concerns British interests, trenches in the least degree on any Irish or
Imperial interest. Any matter of finance, which comes within the wide
head of Imperial liabilities, expenditure, and miscellaneous
revenue,[47] falls within the competence of the Irish members. Questions
of peace or war, our foreign relations, every diplomatic transaction, is
a matter on which the Irish delegation may pronounce a decision. The
conjecture is at least plausible[48] that Irish members will have a
right to discuss and vote upon any subject debated in the Parliament at
Westminster which involves the fate of a British Cabinet. Let it be
granted that, if the provisions of the Home Rule Bill be observed, no
Irish representative can vote 'on any Bill, or motion in relation
thereto, the operation of which Bill or motion is confined to Great
Britain.'[49] But then when is the operation of a Bill confined to Great
Britain, or, to use popular language, what is a British Bill? This is an
inquiry in the decision whereof the Irish members will take part. The
Irish members, therefore, at Westminster will be judges of their own
rights, and in the only cases in which it is of practical importance to
Great Britain that the Irish representatives should not vote, will be
able with the aid of a British minority to fix the limits of their own
jurisdiction.[50] Let the Irish members and a British minority boldly
vote that the operation of a Bill, say for the Disestablishment of the
English Church, is not confined to Great Britain, and they can boldly
vote that the Bill do pass, and no Court in Great Britain or the British
Empire can question the validity of a law enacted in open defiance of
the spirit or even the words of the Constitution.[51] The right of
British members to the management of even exclusively British affairs
will depend not upon the law of the land, but upon the moderation and
sense of equity which may restrain the unfairness of partisanship.
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