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
to the British Parliament as is Middlesex or the Isle of Wight.
Let us try in the first place to realize--for this is the essential
matter as regards my present argument--the full extent of Victorian
independence.
Victoria enjoys a Constitution after the British model. The Governor,
the two Houses, the Ministry, reproduce the well-known features of our
limited monarchy. The Victorian Parliament further possesses in Victoria
that character of sovereignty which the British Parliament possesses
throughout the dominions of the Crown, and is (subject, of course, to
the authority of the British Parliament itself) as supreme at Melbourne
as are Queen, Lords, and Commons at Westminster. It makes and unmakes
Cabinets; it controls the executive action of the Ministry; who, in
their turn, are the authorized advisers of that sham constitutional
monarch, the Colonial Governor. The Parliament, moreover, recognizes no
restrictions on its legislative powers; it is not, as is the Congress of
the United States, restrained within a very limited sphere of action; it
is not, as are both the Congress and the State Legislatures of the
Union, bound hand and foot by the articles of a rigid Constitution; it
is not compelled to respect any immutable maxims of legislation. Hence
the Victorian Parliament--in this resembling its creator, the British
Parliament--exercises an amount of legislative freedom unknown to most
foreign representative assemblies. It can, and does, legislate on
education, on ecclesiastical topics, on the tenure of land, on finance,
on every subject, in short, which can interest the Colony. It provides
for the raising of Colonial forces; it may levy taxes or impose duties
for the support of the Victorian administration, or for the protection
of Colonial manufactures. It is not forbidden to tax goods imported from
other parts of the Empire; it is not bound to abstain from passing _ex
post facto_ laws, to respect the sanctity of contracts, or to pay any
regard to the commercial interests of the United Kingdom. It may alter
the Constitution on which its own powers depend, and, for example,
extend the franchise or remodel the Upper House. To understand the full
extent of the authority possessed by the Victorian Parliament and the
Victorian Ministry--which is, in fact, appointed by the Parliament--it
should be noted that, while every branch of the administration (the
courts, the police, and the Colonial forces) is, as in England, more or
less directly under the influence or the control of the Cabinet, the
Colonies have, since 1862, provided for their own defence, and, except
in time of war, or peril of war, are not garrisoned by British
troops.[41] It is, therefore, no practical exaggeration to assert that
Victoria is governed by its own Executive, which is appointed by its own
Parliament, and which maintains order by means of the Victorian police,
supported, in case of need, by Victorian soldiers. An intelligent
Public-domain text, read in full here on John Shaqi.
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