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 has no power to modify or alter the provisions of
the Constitution under which it exists,[64] except in one or two cases
provided for by the Constitution itself. The Constitution is alterable
in a particular manner therein pointed out, namely by the co-operation
of the British Parliament and the Irish Parliament. If we omit certain
complications of detail, this co-operation takes place by the Irish
representatives being summoned back, and thus added to the British
Parliament. The body thus constituted for the alteration of the
Gladstonian Constitution is formed of much the same elements as the
existing Parliament of the United Kingdom, and is hereinafter called the
Imperial Parliament.[65]
[Sidenote: As regards the English Constitution.]
As regards the Constitution of England--
The Gladstonian Constitution, as it will now be seen, does, whatever the
intention of its authors, as a matter of fact seriously affect the
Constitution of England, and this in more points than one.
_First._--The withdrawal of the Irish representation from the Parliament
of the United Kingdom constitutes in effect a new body, which in its
composition is different from the present Parliament of the United
Kingdom, and which since (allowing for changes introduced by the
different Reform Acts which have been passed during the century) it
corresponds with the Parliament of Great Britain as it existed before
the Union with Ireland, may be rightly described by the name I have
applied to it, of the British Parliament. This British Parliament has
admittedly authority to legislate on every matter which comes within the
competence neither of the Irish Parliament, nor of the body which I have
distinguished as the Imperial Parliament, which, it will be remembered,
consists of the British Parliament with the Irish representatives
summoned thereto. Whether the British Parliament has or has not any
further powers is a moot question which I purposely leave for the moment
untouched. What is admitted on all hands is that a Parliament in which
Irish representatives have no voice whatever can legislate on every
matter affecting England, Scotland, or the British Empire, and also on
the topics specially excluded from the competence of the Irish
Parliament unless they belong to the one topic, namely, the alteration
of the Gladstonian Constitution, reserved for the Imperial Parliament.
_Secondly._--The British Parliament, whatever be its theoretical
authority, will cease under the Gladstonian Constitution to pass laws
for Ireland, and will not impose any taxation on Ireland in addition to
the contribution which Ireland is compelled to pay under the
Constitution.
Hence, _Thirdly_,--and as a result of the various features in the
Gladstonian Constitution which have been already noted, there exist
under it three bodies with different functions which, by whatever name
they may be each called, ought to be carefully distinguished. They are--
Public-domain text, read in full here on John Shaqi.
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