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
On these Restrictions it were easy to write an elaborate treatise.
Should our new constitution ever come into force, they will give rise to
a whole series of judgments, and to lengthy books explanatory thereof.
The language in which the Restrictions are expressed is in many cases
exceptionable. No lawyer will venture to predict what for instance may
be the interpretation placed by the Courts on such expressions as 'due
process of law,' 'just compensation,' and the like, and it is more than
doubtful whether the so-called safeguards are so expressed as to carry
out the intention of their authors, or, even in words, adequately to
protect either the authority of the Imperial Parliament or the rights of
individuals. But it is not my purpose to criticise the Restrictions, or
the Bill itself, in detail. The drafting of the Government of Ireland
Bill needs much amendment, but at the present juncture it is waste of
time to criticise defects removable by better draftmanship or by slight
changes in the substance of the measure. My object is to dwell on such
points relating to the Restrictions as show their bearing on the
character of the new constitution.[70]
_First._ The Restrictions are one and all of them limits upon the
powers of the Irish Parliament; they are none of them limits upon the
powers of the Irish Executive. The new constitution does not
contain--from its nature it hardly could contain--a single safeguard
against abuse of power by the Irish Ministry or its servants. Yet in all
countries there is far more reason to dread executive than parliamentary
oppression, and this is emphatically true of Ireland.
_Secondly._ The Restrictions contain no prohibition against the passing
of an Act of Indemnity.
Public-domain text, read in full here on John Shaqi.
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