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
[57] If there were reason to expect (which there is not) that the Home
Rule Bill would pass into law, it would be worth while to consider
carefully a question which has not yet engaged the attention of English
statesmen: Is it desirable that under a system of Home Rule the Irish
Executive should be a Parliamentry Ministry? The answer to this question
is by no means clear. Both in the United States, and in every State of
the Union, the executive power is lodged in the hands of an official who
is neither appointed nor removable by the Legislature. The same remark
applies to the Executive of the German Empire. In Switzerland the
Ministry, or Council of State, is indeed appointed, but is not removable
by the Federal Assembly or Parliament. Arguments certainly might be
suggested in favour of creating for Ireland an Executive whose tenure of
office might be independent of the will of the Irish Parliament.
Ireland, in short, like many other countries, might gain by the
possession of a non-parliamentary Executive. See as to the distinction
between a parliamentary and a non-parliamentary Executive, _Law of the
Constitution_ (7th ed.), App. p. 480.
[58] See Bill, clause 14.
[59] This would apparently approve itself to Dr. Nulty, Roman Catholic
Bishop of Meath. Of Mr. Justice Andrews he seems to have written that
'this Judge is a Unitarian,' and that it appears to the Bishop that 'the
man who denies the divinity of our Lord is as incompetent to form clear,
correct, and reliable conceptions of the feelings, the instincts, the
opinions, and the religious convictions of an intensely Irish population
as if they were inhabitants of another planet.' See _The Times_, April
3, 1893, p. 8, where a correspondent from Ireland purports to give the
effect of a pamphlet by Dr. Nulty. The Bishop wrote, I suppose, with a
view to Mr. Justice Andrews' opinions as to priestly influence at
elections, but the Bishop's words suggest the inference that the
government of a Catholic country ought to appoint Catholic Judges. Why
should we be surprised at this? Religious toleration is not a doctrine
of the Roman Catholic Church.
[60] See Home Rule Bill, 1893, clause 35, p. 214, _post_.
[61] 'I am not suggesting for a moment that we are going to set up in
Ireland two independent and separate Executives. I think the granting of
Home Rule in any intelligible sense would be entirely incomplete if it
were not supplemented by the granting of executive power, and in my
judgment the Executive in Ireland is intended to be and must be
dependent upon and responsible to the Irish Legislature in Irish
affairs. But that does not in the least prevent the retention in the
Crown of the executive government of the United Kingdom, as it provided
in this Bill such executive authority as is necessary for the execution
of the Imperial laws' (sic). Mr. Asquith, April 14, 1893, _Times
Parliamentary Debates_, p. 440. Compare _Hansard_, vol. xi. same date,
p. 348.
[62] Bill, clause 30.
Public-domain text, read in full here on John Shaqi.
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