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
The effect of these Regulations may be best understood by taking the
following supposed case as an example of their operation.
The Houses of the Victorian Parliament pass a Bill legalising the
marriage of a widower with his deceased wife's sister.
i. The Governor refuses his assent. The Bill is lost and never becomes
law.
ii. The Governor assents to the Bill on the 1st of January. It thereupon
becomes an Act, and law in Victoria.
iii. The Crown disallows the Act on the 1st of April. The disallowance
is published in Victoria on the 1st of May. From the 1st of May the Act
ceases to be law in any part of the British Dominions, but marriages
made under it between the 1st of January and the 1st of May are valid.
iv. The Crown allows the Bill. It thereupon becomes an Act which
continues in force in Victoria until it be repealed either by the
British Parliament or by the Victorian Parliament.
v. The Bill contains a clause that it shall not come into force unless
and until allowed by the Crown within two years of its passing. It is
not so allowed, it never comes into force, or in other words never
becomes law.
The point to be noted is that the Crown, or in reality the Colonial
Office, has and often exercises the power of placing a veto upon any
Colonial law whatever.
[44] Compare 'Victorian Parliamentary Paper,' 1883, 2 S., No. 22, and
the _Times_ of September 27, October 2, 5, 10, 12, 15 and 18, 1883.
[45] See Todd, 'Parliamentary Government in the Colonies,' p. 283.
[46] Todd, p. 283.
[47] See, e.g., a letter by Mr. Lecky in the _Times_ of January 13,
1886.
[48] See pp. 221, 222, _post._
[49] See a letter in the _Spectator_ of January 2, 1886, on 'Home Rule
or Separation,' by Mr. J. Cotter Morison.
[50] See p. 197, _ante._
[51] _The Times_, May 5, 1886.
[52] Under the political arrangements connecting the two countries, it
was practically impossible that the two crowns could by legal means be
separated without the assent of the English Parliament. George III. was
necessarily a member both of the English and of the Irish Parliaments;
and it is inconceivable that as King of Ireland he should have assented
to a bill passed by the Irish Houses of Parliament which was strenuously
opposed by the English Houses of Parliament. The madness of the King
raised a case not provided for by the Constitution, and the accidental
difference of opinion between the English and Irish Houses of
Parliament, as to the Regency, has been treated as possessing more
importance than from a constitutional point of view belonged to it.
Public-domain text, read in full here on John Shaqi.
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