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
This proposition has during the Home Rule controversy been occasionally,
in words at least, disputed or questioned by the supporters of Mr.
Gladstone's policy, and language has been used which seems to imply that
a sovereign power such as the Parliament of the United Kingdom can never
by its own act divest itself of sovereignty. I can hardly think that the
able controversialists who seem to maintain this doctrine really meant
to contend for more than the admitted principle that a sovereign cannot
while remaining a sovereign limit his sovereign powers. If, however, it
be seriously suggested that the Parliament of the United Kingdom cannot
divest itself of sovereignty, the suggestion is as a matter of argument
untenable, and this for more than one reason.
An autocrat, such as the Russian Czar, can undoubtedly abdicate; but
sovereignty, whether it be the sovereignty of the Czar or of Parliament,
is always one and the same quality. If the Czar can abdicate, so can
Parliament. The Czar again could, instead of abdicating in the ordinary
sense of the term, constitute a new sovereign body for the government of
Russia, of which he might himself be a part. Thus he may undoubtedly
give Russia a constitution like that of England, under which the Czar
and two Houses of Parliament might together become the sovereign of the
Russian State, and no constitutionalist would dream of maintaining that
the new power thus constituted was the less supreme owing to the fact
that one of its members, namely the Czar, had at one time been himself
the real sovereign of Russia. Here again what is true of the Czar is
true of Parliament. The Parliament of the United Kingdom certainly might
become a part of another sovereign body, or might join in constituting a
sovereign power supreme throughout the British Empire of which
Parliament itself did not form a part. There is nothing in the theory of
sovereignty to prevent the Parliament of the United Kingdom from forming
a constitution for the whole British Empire under which the Parliament
of the United Kingdom, the Victorian Parliament, the Parliament of the
Canadian Dominion and so forth should become simply State Parliaments,
whilst the whole British Empire was ruled by some Imperial Congress
sitting, say, either in London or in Victoria. Nor need we in this
matter have recourse to theory. The present Parliament of the United
Kingdom is itself a monument of the historical fact that sovereign
Parliaments can divest themselves of sovereignty. For the Parliament of
the United Kingdom is itself the result of the abdication of supreme
power by sovereign Parliaments. The Union with Scotland was not, as
Englishmen often, I suspect, fancy, the absorption of the Parliament of
Scotland in the Parliament of England. The transaction bears, when
carefully looked at, a quite different character. Up to the year 1707
there existed an English Parliament sovereign in England, and there
existed a Scotch Parliament sovereign in Scotland.
Public-domain text, read in full here on John Shaqi.
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