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
These two sovereign
bodies in negotiating the Treaty of Union acted with scrupulous, and on
the Scotch side with punctilious, independence. Neither sovereign body
would consent to be absorbed in the other. What they did agree to was to
constitute a new State, namely, the United Kingdom of Great Britain, and
each to surrender their separate sovereignty in favour of a new
sovereign, namely, the sovereign Parliament of the United Kingdom. The
English Parliament no more became supreme in Scotland than the Scotch
Parliament became supreme in England. The old Parliament of each country
abdicated and lost its identity in the New Parliament of Great Britain.
In theory the Treaty of Union between Great Britain and Ireland bore
exactly the same character as the Treaty of Union between England and
Scotland. But on this point I do not care strongly to insist, because at
the present moment every part of Irish history excites controversy.
When, however, the excitement of the day has passed by, no one will
dispute that 22 Geo. III. c. 53 and 23 Geo. III. c. 28 constituted the
renunciation by the British Parliament of sovereignty over Ireland. The
difference between the limitation of sovereignty and the surrender of
sovereignty has been pressed far enough for my present purpose; no
principle of jurisprudence is more certain than that sovereignty
implies the power of abdication, and no fact of history is more certain
than that a sovereign Parliament has more than once abdicated or shared
its powers. To argue or imply that because sovereignty is not limitable
(which is true), it cannot be surrendered (which is palpably untrue) is
to confuse together two distinct ideas, and is like arguing that because
no man can while he lives give up, do what he will, his freedom of
volition, therefore no man can commit suicide.
The Parliament of the United Kingdom, further, whilst because it is a
sovereign body it cannot impose any legal limit to the exercise of its
own power, may so express an intention to use or not to use its power in
a particular way as to excite expectations which it will be extremely
difficult or hazardous to disappoint, and so may find itself morally
fettered as to its subsequent legislative action.
Public-domain text, read in full here on John Shaqi.
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