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
It is not within the scope of
this work to deal with the draughtsmanship of the Government of Ireland
Bill. It is easy to anticipate what would be the practical result of
that Bill's ambiguities if it passed into an Act. Irish Judges would
honestly take one view, English Judges would as honestly take another.
The Courts of Ireland would maintain that the Constitution could be
altered only in the method provided by the Constitution, namely, by the
Imperial Parliament. The English Courts would maintain that the
Constitution could also be altered by the British Parliament, which was
itself the Parliament of the United Kingdom, and possessed the
sovereignty inherent in the Parliament of the United Kingdom. No Court
in either country could satisfactorily terminate the dispute. Force
would no doubt settle what law had left undecided, but to interpret a
Constitution by power of arms is in reality to substitute revolutionary
violence for constitutional discussion.[70]
Let us next consider the matter before us, not as a question of
constitutional law, but as a question of public morality.
[Sidenote: As question of public morality.]
The enquiry then is whether under the Gladstonian Constitution the
legislative supremacy of the British Parliament is or is not morally and
in fact impaired? It is extremely difficult to see how any candid person
can answer this question except by the admission that for all practical
purposes, and except on possible but very extreme occasions, the right
of the British Parliament to legislate for Ireland is morally not only
impaired but destroyed. The supporters of the Government of Ireland Bill
have admitted again and again that it constitutes what they term a
Parliamentary compact; it embodies, in other words, a solemn contract
between Great Britain and the people of Ireland that the British
Parliament, whatever be its legal power, shall not legislate about Irish
affairs without summoning Irish representatives to share in its
deliberations. This covenant is made for great and valuable
consideration, namely, the withdrawal of the Irish representatives from
the Parliament of the United Kingdom, and the consequent acquisition by
the British Parliament of power to legislate not only on every British
but on every Imperial concern without consulting the wishes of the Irish
people. This is in a moral point of view little less than a treaty; it
is an engagement which England could not break, or incur the imputation
of breaking, without dishonour. With all this every man of sense and of
honour agrees; but if this be so, it is impossible to see how any one
can maintain that this Parliamentary compact does not morally impair, as
far as Ireland is concerned, the sovereignty or legislative supremacy of
the British Parliament. It may be doubted whether the most earnest
Gladstonian really and seriously maintains that under the Gladstonian
Constitution the British Parliament sitting at Westminster could or ever
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