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
Where Federalism, as in America, appears in its best form, the skill
with which opportunities for collision or friction have been minimised
is almost above praise. The Federal or Central power is so constructed
as to represent the whole nation; its authority cannot by any
misrepresentation be identified with the power of one State more than
another. The Federal Government acts through its own officers, is
represented by its own Judiciary, and levies its own taxes without
recourse to State authorities. Every device which could be thought of
has been taken to make it unnecessary for the National Government to
come into direct collision with any State. It deals in general with the
individual citizens of the United States; it does not deal with the
particular States. The result is that on the one hand, whatever may be
said against the taxes imposed by Congress, they cannot by any stretch
of imagination be looked upon as tribute paid by one State to another,
say by Massachusetts to New York, or by New York to Massachusetts. It is
again unnecessary for the Federal Government to issue commands to a
State. There is, therefore, little opportunity for a contest between a
State and the National Executive. Whoever wishes to understand the
elaborate devices necessary to make Federalism work smoothly should
compare the clumsiness of the arrangements by which the Swiss
Confederacy has at times been compelled to enforce obedience of the
Cantons to the will of the Confederation, with the ingenuity of the
methods by which the Federal authorities of the United States exert
their authority over American citizens.
The English Colonial system on the other hand, though far less elaborate
than any form of Federalism, does, as a matter of fact, reduce within
very narrow limits the chances of collision between England and her
colonies. The system, however, succeeds, not because it is a model of
constructive art, but because it attempts very little, and can, owing to
favourable circumstances, leave to nominal dependencies something little
short of complete self-government. Where collisions do arise they are
disposed of by the habit of the Imperial Government always to give way.
Public-domain text, read in full here on John Shaqi.
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