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
The Irish Parliament, subject to certain restrictions, has authority to
make or repeal any laws for the peace, order, and good government of
Ireland; it is in fact in the strictest sense what I have termed it, an
Irish Parliament. It is the body which indirectly appoints and controls
the Executive, and directly legislates for Ireland. It can repeal laws
which have been passed by the existing Parliament of the United Kingdom
in so far as they are in force in Ireland.
The powers of the Irish Parliament are, it should be noted, indefinite.
The Parliament, that is to say, may pass any law which it is not, under
the Constitution, forbidden to pass. In this respect it stands in the
position not like that of the American Congress, which can legislate
only on certain topics, which are expressly placed within the competence
of Congress, but in a position like that occupied by the Parliament of
the Canadian 1 Dominion, which can legislate on all topics not expressly
excepted from its competence. The difference between a legislature of
definite and a legislature of indefinite powers is important. In the one
case changes of circumstances may diminish but cannot increase the
authority of the legislature; in the other case changes of circumstances
may increase but cannot diminish that authority. The Irish Parliament is
a body whose authority will, from the necessity of things, tend
constantly to increase.
If the authority given to the Irish Parliament is indefinite, it is not
unlimited. A large number of exceptions and restrictions are imposed
upon its freedom of action. It is hard to point to any clear principle
on which they rest. Their object undoubtedly is to guard against
legislation about subjects such as the armed forces, the coinage, and
the like, which are of Imperial rather than of local concern. But we
can hardly say that the line between the things which the Irish
Parliament can do, and the things which it cannot do, exactly coincides
with the line which divides Imperial from local legislation. The Irish
Parliament might lawfully pass laws opposed to the whole tenour of
British legislation, such, for instance, as an Act preventing particular
classes of foreigners, or even of Englishmen, from settling in Ireland.
The Irish Parliament could not, on the other hand, pass any law for the
establishment or the endowment of religion. Hence Ireland could not, in
imitation of England and Scotland, provide herself with an established
Church, nor could she again pass any law relating to volunteers. She
could not therefore take steps for the defence of the country, which are
permissible to Victoria or Canada.
The observance of these limitations on the Parliament's power of
legislation is enforced by a twofold method: first, by the veto of the
Lord-Lieutenant;[58] secondly, by the special authority given to the
Judicial Committee of the English Privy Council.[59]
Public-domain text, read in full here on John Shaqi.
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