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
For a parliamentary minority will, if only it throw scruples to the
winds, be constantly able to transform itself into a majority by the
unconstitutional admission of the Irish vote. This is not a power which
any party, be it Conservative or Radical, English, Scottish, or Irish,
ought to possess. Partisanship knows nothing of moderation. And the
reason of this blindness to the claims of justice is that the spirit of
party combines within itself some of the best and some of the worst of
human passions. It often unites the self-sacrificing zealotry of
religious fanaticism with the recklessness of the gambling table. Let an
assailant of the Contagious Diseases Act, a fanatic for temperance, a
protectionist who believes that free trade is the ruin of the country,
an anti-vivisectionist who holds that any painful experiment on live
animals is the most heinous of sins; let any man who has come to believe
that his own credit, no less than the salvation of the country, depends
on the success of a particular party, know that the triumph of his cause
depends upon his voting that a particular measure operates beyond Great
Britain, and we know well enough in which way he will vote. He will vote
what he knows to be untrue rather than sacrifice a cause which he
believes to be sacred. He will think himself both a fool and a traitor
if he sacrifices the victory which is within his grasp to the
maintenance of technical legality, or rather to respect for a rule of
constitutional procedure.
Suppose, however, that I have underrated the equity of human nature, and
that no faction in the House of Commons ever attempts to violate the
spirit of the Constitution. The supposition is bold, not to say absurd;
but even if its reasonableness be granted, this does not suffice for the
protection of England's rights. The question whether a given Bill does
or does not operate exclusively in Great Britain may often give rise to
fair dispute, and (what should be noted) this dispute will always be
decided against Great Britain in the only instances in which its
decision is to Great Britain of any importance whatever. An example best
shows my meaning. Let a Bill be brought forward for establishing Home
Rule in Wales. Is the operation of the Bill confined to Great Britain?
An English member, unless he is a Home Ruler, will answer with an
undoubted affirmative. An English, or Irish, or Welsh Home Ruler will
with equal certainty, and equal honesty, give a negative answer. The
question admits of fair debate, but we know already how the debate will
be decided. If the Unionists constitute a majority of the House, the
Irish vote will be excluded. But in this case its exclusion is of no
practical importance. If the Unionists constitute indeed a majority of
British representatives, but do not constitute a majority of the House,
the Irish vote will be included. The Irish representatives will decide
whether Wales shall constitute a separate State, and the right of Great
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