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
[63] This is technically expressed in the Bill by the provision that
'the two forces [viz. the Royal Irish Constabulary and the Dublin
Metropolitan Police] shall, while they continue, be subject to the
control of the Lord Lieutenant as representing Her Majesty.' As to the
military or naval forces of the Crown, the Bill contains no provision,
but it cannot, it is submitted, be doubted that they will remain subject
to the Imperial Government, and, except with the sanction of the
Imperial Government, will not be subject to the control of the Irish
Executive.
[64] See Bill, clauses 1-5, and as to the Restrictions on its
legislative power, see pp. 80-110, _post_.
[65] See two excellent articles in the _Spectator_ of February 25 and
March 4, 1893.
[66] Of course all these statements are to be taken subject to the
Restrictions placed on the powers of the Irish Legislature by Bill,
clauses 3, 4, pp. 197, 198 _post_.
[67] These Restrictions, or safeguards, deprive Ireland of powers in
fact possessed by the Legislature of any self-governing colony, and I
believe by the Isle of Man or Jersey. [Compare the Home Rule Bill 1893,
clause 3, sub-clause (3) (p. 197, _post_,) as it appears in the original
Bill, with the same clause as amended by the House of Commons and sent
up to the House of Lords. The original clause forbids the Irish
Parliament to make any law in respect (_inter alia_) of 'naval or
military forces or the defence of the realm.' The clause as amended by
the House of Commons forbids the Irish Parliament to make any law in
respect of '(3.) Navy, Army, Militia, Volunteers, and any other military
forces, or the defence of the realm, or forts, or permanent military
camps, magazines, arsenals, dockyards, and other needful buildings, or
any places purchased for the erection thereof.'
In 1893, Unionists and Gladstonians alike were determined that on no
pretence whatever should an Irish Parliament be allowed to raise an
Irish army, even of volunteers. The very name of 'volunteers,' and the
history of 1780-82, explain and justify their prudence.
[68] Clause 4, sub-clause (1) to (4).
[69] For the details of the Restrictions contained in clauses 3 and 4
the reader should study carefully the terms of the Bill itself. See
Bill, in Appendix.
[70] In more than one case it is pretty clear that the Restrictions are
in themselves ineffective. Take these instances:--
Public-domain text, read in full here on John Shaqi.
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