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
[48] This is at any rate the opinion of Mr. Redmond expressed in the
_Nineteenth Century_, Oct. 1892.
[49] Bill, clause 9, sub-clause (3).
[50] The authors of the Home Rule Bill foresee the possibility of such
an erroneous decision. They have carefully provided that such an error
shall have no legal effect. Clause 9, sub-clause (4), 'Compliance with
the provisions of this section shall not be questioned otherwise than in
each House in manner provided by the House,' is in reality a provision
sanctioning the grossest unfairness. Its effect is that a British Bill
passed solely by virtue of the Irish vote is, on its becoming an Act,
good law, in spite of its having been passed in violation of the
constitutional rule laid down in clause 9, sub-clause (3), that an Irish
member shall not be entitled to deliberate or vote on any Bill the
operation of which is confined to Great Britain.
[51] Compare Bill, clause 9, sub-clause (3), and sub-clause (4), which
provides that 'compliance with the provisions of this section shall not
be questioned otherwise than in each House in manner provided by the
House.'
[52] 23 Geo. III. c. 28.
[53] The reader, in order to understand this account of the proposed
constitution of 1886, should remember that under that constitution there
were in effect, though not in name, constituted three different
Parliaments, which must be carefully distinguished.
1. The British Parliament at Westminster, containing no Irish
members, which was to legislate for Great Britain and for the whole
British Empire except Ireland.
2. The Irish Parliament at Dublin, containing no British
representatives, which was to legislate for Ireland, but which was
not to legislate for England, Scotland, or for any other part of
the British Empire, and was not to have any voice whatever in the
general policy of the Empire.
3. The Imperial Parliament also sitting at Westminster, and
comprising both the British and the Irish Parliament. This body
would have corresponded nearly, if not exactly, with the existing
Parliament of the United Kingdom, and was intended to come together
only on special occasions and for a special purpose, namely the
revision or the alteration of the Gladstonian constitution. For the
fuller explanation of the whole of this subject see _England's Case
against Home Rule_ (3rd ed.), pp. 234, 238
Note that England gains little or nothing (as compared with what was
offered to her under the Home Rule Bill of 1886) by the Imperial
Parliament retaining the power to legislate for Ireland, for even under
that Bill the Imperial Parliament (_i.e._ the Parliament at Westminster
when consisting both of British and of Irish members) could legislate
for Ireland.
[54] _Unionist Delusions_, pp. 6-9.
Public-domain text, read in full here on John Shaqi.
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