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
[102] Of course I do not for a moment dispute the legal right of
Parliament to repeal all or any of the articles of the Treaty of Union
with Ireland. I am writing now not upon the law, but upon the ethics of
the constitution. My contention is, that, as things stand, the undoubted
assent of Great Britain (or even perhaps of England, in the narrower
sense) is morally requisite for the repeal or at any rate for the
remodelling of the Treaty of Union. Note that Ireland would stand
morally and logically in a stronger position if demanding Separation
than when demanding a revision of the Act of Union. An example shows my
meaning. _A, B_, and _C_ form a partnership. _A_ is by far the richest,
and _C_ by far the poorest of the firm. _C_ finds the terms of
partnership onerous. He may have a moral right to retire, but certainly
he cannot have a moral, and would hardly under any system of law have a
legal, right to say, 'I do not want to leave the firm, but I insist that
the terms of partnership be remodelled wholly in my favour.' Nor again
is it conceivable that _B_ and _C_ by uniting together could in fairness
claim to impose upon _A_ disadvantages the burden of which he had never
intended to accept.
[103] See pp. 22-31, _ante_.
[104] 'But who proposed that Ireland should be anything else than an
integral part of the United Kingdom (Ministerial cheers), or rather of
the Empire?' (Opposition cheers).--Mr. Sexton, April 20, 1893, _Times
Parliamentary Debates_, p. 522. The confusion of ideas and the
hesitation implied in Mr. Sexton's expressions are noteworthy.
[105] England adhered with absolute fidelity to her renunciation of the
right to legislate for Ireland. Whatever were the other flaws in the
Treaty of Union, it was no violation either of 22 Geo. III. c. 63, or of
23 Geo. III. c. 28. The worst features of the method by which the Act of
Union was carried would have been avoided had the English Parliament
resumed the right to legislate for Ireland. The Treaty of Union depends
on Acts both of the British and of the Irish Legislature. This is
elementary but has escaped the attention of Mr. Sexton (see _Times
Parliamentary Debates_, Feb. 13, 1893, p. 319), whose investigations
into the history of his country are apparently recent.
[106] "The plan that was to be proposed was to be such as, at least in
the judgment of its promoters, presented the necessary
characteristics--I will not say of finality, because it is a discredited
word--but of a real and continuing settlement."--Mr. Gladstone, Feb. 13,
1893, _Times Parliamentary Debates_, p. 303.
[107] See Mr. Gladstone's Irish Constitution, _Contemporary Review_,
May, 1886, p. 616.
CHAPTER IV
PLEAS FOR THE NEW CONSTITUTION
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