England's Case Against Home RuleDicey, A. V. (Albert Venn)
History
England's Case Against Home Rule
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
If Italy had been forced to accept,
instead of her longed-for independence, the local self-government which
might be conceded to the State of an Austrian Federation, we may be
quite sure that the Grist Tax, the Sicilian Banditti, the intrigues of
France in Tunis, the perversity of the Pope, the poverty of Italian
workmen, the factiousness of Italian politicians, every evil, in short,
real or imaginary, under which Italy now suffers, or has suffered since
1870--would have been attributed to her connection with a Union presided
over by the Austrian Emperor. National independence, like every other
form of independence, has at least this merit, that it compels men to
take their fate into their own hands, and to feel that they themselves
or the circumstances of the world are the causes of their misfortunes.
Semi-independence makes it easy for men to attribute every mishap to the
absence of absolute freedom.
If the existence of a Federal constitution would of itself supply the
cause for discontent, it is of the very nature of such a constitution to
supply the occasions of dispute. Nothing can prevent the rise of burning
questions about Federal and State rights. Is nullification or secession,
or the refusal to pay Federal taxes a State right? If these questions
arise, by whom are they to be settled? Suppose they are referred to a
Federal Court, say the Privy Council, is it reasonable to fancy that
Irishmen or Englishmen, for that matter, will acquiesce in the decision
of grave political issues (say the right of the Federal Government to
proclaim martial law at Dublin, or the validity of the Land Act) by any
tribunal? For when political issues are referred to the decision of a
Court the difficulty is great of enlisting public opinion in favour of
its decrees. The theory of the constitution and the expectation of the
people is that references to the judges will be events of rare
occurrence, and that the Bench, when it acts at all, will act only as
interpreter of the constitutional pact. Things are certain to turn out
far otherwise. The intervention of the tribunals will in one form or
another be constantly evoked, and will be evoked to determine the most
burning questions of the day. The Constitution of the United States
would be unintelligible without reference to a long line of determined
cases; its principles are to be found quite as much in the decisions of
the Supreme Court as in its Articles. Swiss Constitutionalists have
greatly increased as years have gone on the originally limited powers of
the Federal tribunal. The statesmen who drafted the Act constituting the
Canadian Dominion fancied they could in effect avoid the necessity for
judicial interpretation, but a long series of reports proves the
futility of their expectation. Each day increases the mass, and it must
be added the importance, of the judgments by which the Privy Council
determines questions of constitutional law for the Colonies. Moreover,
Public-domain text, read in full here on John Shaqi.
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