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
would legislate for Ireland in contravention at any rate of the patent
and apparent meaning of the Constitution. All that is really maintained
is that the British Parliament would retain a legal power of doing that
which would never be done by it. There is, however, it is suggested,
convenience in retaining a nominal sovereignty which is not intended for
real use. Convenience there may be, but there is also immense danger.
The Irish Parliament we will suppose acts in a way which is most
annoying to England, but the Irish Parliament at the same time takes
care not to violate a line of the Constitution. The temptation to use
our sovereign authority is great, and likely enough may prove
irresistible; yet if we use it every Irishman, and many Englishmen for
that matter, will accuse England of bad faith. No doubt a breach of the
Constitution by the Irish Parliament might be remedied by the use of the
sovereignty reserved to the British Parliament. But it is difficult even
then to see the great advantage of this reservation. In any case in
which England would be morally justified in setting aside the terms of
the high Parliamentary contract, she would be equally justified in
suspending the Constitution by the use of force. The employment of power
becomes the more not the less odious because it is allied, or seems to
be allied, with fraud. The miserable tale of the transactions which
carried the Treaty of Union teaches at least one indisputable
lesson--the due observance of legal formalities will not induce a people
to pardon what they deem to be acts of tyranny, made all the more
hateful by their combination with deceit. For the British Parliament to
renounce the exercise whilst retaining the name of sovereignty is the
very course by which to run a great risk of damaging the character
without any certainty of increasing the power of Parliament.
The plain answer then to the enquiry on which we have been engaged is
this:--
Under the Gladstonian Constitution, as foreshadowed in the Government of
Ireland Bill, the sovereignty of the British Parliament is legally
rendered doubtful, and is morally reduced to nothing.
[Sidenote: Does Constitution secure justice?]
_2nd Question._--Does the Gladstonian Constitution secure justice?
The justice which the Constitution ought to secure is twofold--justice
to Great Britain, and justice to all classes, including minorities, of
Irishmen.
The just claims of Great Britain may roughly be summed up under the one
claim, that Ireland should contribute her fair share to Imperial
expenditure.
Public-domain text, read in full here on John Shaqi.
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