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
a country where the sphere of the administration is large, and where it
will probably be increased. Ireland is divided by hostile factions not
too much prone to respect the law. Even as things stand, the Irish
Executive finds it hard enough to hold a perfectly even and level
course, and the whole state of the country depends upon the spirit in
which the law is enforced. One of the very gravest defects of our
present system is that in Ireland a change of government means, to a
certain extent, a change in the administration of the law. Yet both Mr.
Balfour and Mr. Morley have enforced the law, and have meant, according
to their lights, to act towards all citizens with equitable
impartiality. And Mr. Balfour, Mr. Morley, or any statesman appointed by
the Imperial Parliament, is likely to act with more fairness than at the
present moment would any Executive chosen by any Irish Parliament. One
thing, at any rate, is certain. An independent Irish Executive will
possess immense power. It will be able by mere administrative action or
inaction, without passing a single law which infringes any Restriction
to be imposed by the Irish Government Act, 1893, to effect a revolution.
Let us consider for a moment a few of the things which the Irish Cabinet
might do if it chose. It might confine all political, administrative, or
judicial appointments to Nationalists, and thus exclude Loyalists from
all positions of public trust. It might place the Bench,[59] the
magistracy, the police wholly in the hands of Catholics; it might, by
encouragement of athletic clubs where the Catholic population were
trained to the use of arms, combined with the rigorous suppression of
every Protestant association suspected, rightly or not, of preparing
resistance to the Parliament at Dublin, bring about the arming of
Catholic and the disarming of Protestant Ireland, and, at the same time,
raise a force as formidable to England as an openly enrolled Irish army.
But the mere inaction of the Executive might in many spheres produce
greater results than active unfairness. The refusal of the police for
the enforcement of evictions would abolish rent throughout the country.
And the same result might be attained by a more moderate course. Irish
Ministers might in practice draw a distinction between 'good' landlords
and 'bad' landlords, and might grant the aid of the police for the
collection of reasonable, though refusing it for the collection of
excessive rents, and might at last magnanimously recognise the virtues
of Mr. Smith-Barry, whilst passing a practical sentence of outlawry on
Lord Clanricarde. Is there anything absurd or unreasonable in the
supposition that a Ministry of Land Leaguers chosen by a Parliament of
Nationalists should attempt to enforce the unwritten law of the Land
League? A Gladstonian who answers this question in the affirmative
entertains a far lower opinion than can any candid Unionist of Mr.
Gladstone's Irish allies. It would be the grossest unfairness to suggest
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