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 is an enquiry which may be answered with some confidence.
To any one who surveys the Constitution, not as a politician, but as a
legist; to any one moderately versed in the study of comparative
constitutionalism, few statements which savour of prediction will appear
more certain than the assertion that the Gladstonian Constitution cannot
be a final or even a lasting settlement of the constitutional relations
between England and Ireland.
The grounds of this opinion are, briefly, that the proposed Constitution
will, while leaving alive elements of discord, cause disappointment and
inconvenience to both countries, and that the mechanism of the
Constitution, framed as it is upon a combination of Federalism and of
Colonialism, has some of the defects of each system, and promises in
its working to produce something like the maximum of irritation and
friction.
The two grounds for believing that the Gladstonian Constitution bears no
promise of finality run into one another, but they admit of separate
examination, and each requires explanation or justification.
[Sidenote: Constitution will cause disappointment to England.]
The Constitution will cause disappointment and inconvenience both to
England and to Ireland, Englishmen will on the Gladstonian Constitution
coming into operation find to their great disappointment that they have
not attained the object which from an English point of view was the
principal inducement to grant Home Rule to the Irish people, that is,
freedom from the difficulty of governing Ireland. The difficulty no
doubt will be diminished, or rather shifted; but the dream is vain that
under the new Constitution Englishmen would be able to trouble
themselves no more about the concerns of Ireland than they do about the
affairs of Canada. Ireland would still be our immediate neighbour.
Irishmen would still be divided by differences of class and religion,
and England would still, disguise the fact as you may, be ultimately
responsible for good government in Ireland. Home Rule is not Separation,
and nothing short of Irish independence would greatly lessen English
responsibility. This would be true under whatever form Home Rule were
established, but it is emphatically true of Home Rule under the
particular form contemplated by the Gladstonian Constitution. The army
in Ireland--and no one supposes that England can withdraw her soldiers
from the country--will be the British Army under the control of the
British Government. But the power of the sword is, though we often
forget the fact, the sanction by which law is maintained. Hence it
follows that the British Ministry remains at bottom responsible for the
maintenance of peace and order throughout Ireland. Note the results. If
there are riots at Belfast; if unpopular officials are assassinated in
Dublin; if evictions give rise to murder in Kerry, the British Army must
in the last resort be called in to restore peace or punish crime. If the
Public-domain text, read in full here on John Shaqi.
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