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
The fact asserted is past dispute. Our institutions are based upon
fictions. The Prime Minister, the real head of the English Executive, is
an official unknown to the law. The Queen, who is the only
constitutional head of the Executive, is not the real head of the
Government. The Crown possesses a veto on all legislation and never
exercises it; the House of Lords might, if the House pleased, reject
year by year every Bill sent up to it by the House of Commons; yet such
a course of action is never actually pursued and could not be dreamt of
except by a madman. There is no advantage in exemplifying further a
condition of things which must be known to every person who has the
slightest acquaintance with either the law, or the custom, of the
constitution. But the inference which Gladstonian apologists draw from
the existence of anomalies is, in the strict sense of the word,
preposterous. On the face of the matter it is a strange way of reasoning
to say that because the constitution is filled with odd arrangements
which no man can justify in theory, you therefore, when designing a new
constitution, should take no care to make your arrangements consistent
and harmonious. But the Gladstonian error goes a good deal deeper than
is at first sight apparent. The anomalies or the fictions of the
constitution are in reality adaptations, often awkward enough in
themselves, of some old institution, and are preserved because, though
they look strange, they are found to work well. Thus the King of England
was at one time the actual sovereign of the State, or at any rate the
most important member of the sovereign power, and the Ministers were in
reality, what they are still in name, the King's servants. The powers of
the Crown have been greatly diminished, and have been transferred in
effect to the Houses of Parliament, or rather to the House of Commons,
and the Ministers taken from the Houses are in fact, though not in name,
servants of Parliament. This arrangement leaves an undefined and
undefinable amount of authority to the Crown. It is not an arrangement
which any man would have planned beforehand; but it is kept up, not
because it is an anomaly, but because it has, as a matter of
experience, turned out convenient. What even plausible argument can
thence be drawn to show that a new constitutional arrangement, on the
face of it awkward and inconvenient, will for some unknown reason turn
out workable and beneficial? He who reasons thus, if reasoning it can be
called, might as well argue that because an old shoe which has gradually
been worn to the form of the foot is comfortable, therefore a shoemaker
need not care to make a new shoe fit.
Public-domain text, read in full here on John Shaqi.
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