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
Ireland is provided under the new constitution with the readiest means
of nullifying the Restrictions. The Irish Cabinet and its servants can
at any moment reduce an unpopular law to a nullity. Even in England a
resolution of the House of Commons may be enough to turn a law into a
dead letter. The Imperial Cabinet at this moment could go very near
making the Vaccination Acts of no effect, and by declining to have
troops sent to Hull could, as I have already pointed out, give victory
to the Trades Unionists. Nor is it necessary that the Cabinet should
decline sending forces to Hull for the support of the law. An intimation
that persons accused of intimidation would either not be prosecuted at
all, or if prosecuted and convicted, would be pardoned, would be
sufficient of itself to make the strike successful. In no country could
the Executive do more to render laws ineffectual than in Ireland. The
Irish Cabinet might by mere inaction render the collection of rent
impossible; they might, as I have already pointed out, give tacit
encouragement to smuggling. If the people regarded a coastguard as an
enemy, if he and his family were left severely alone, if he were often
maltreated and occasionally shot, his position might be a difficult one,
even if supported by the whole force of the state. But if smuggling were
regarded as no crime, if the smuggler were looked upon as the patriot
who deprived an alien power of a revenue to which England had no right,
it is clear that nothing but the energetic support of all the central
and local authorities in the country could give a revenue officer the
remotest chance of victory in his contest with smugglers. But suppose
the national government were apathetic, suppose that the Irish Ministry
looked with favourable eye on the diminution of English revenue; suppose
that no Irish official gave any aid to a custom-house officer; suppose
that, if a British coastguardsman were murdered, Irish detectives made
no effort to discover the wrong-doer; and that when the culprit was
discovered the Irish law officers hesitated to prosecute; suppose that
when a prosecution took place the Attorney-General showed that his heart
was not in the matter, and that the jury acquitted a ruffian clearly
guilty of murder, is it not as clear as day that smuggling would
flourish and no customs be collected? In the same way the Irish Ministry
might by mere apathy, by the very easy process of doing nothing, nullify
the effect of judgments delivered by the Exchequer judges, and the Irish
Ministry would show very little ingenuity if they could not without any
open breach of the law impede the carrying out of executions against the
goods of persons whom popular feeling treated as patriots.
Public-domain text, read in full here on John Shaqi.
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