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
[55] My statement that the Government of Ireland Bill repeals the main
provisions of the Act of Union is made, not because I anticipate that
the Bill if passed would lead to a repeal of the Union, but because it
is my opinion that the Bill if passed would, as a matter of law, repeal
the provisions of that Act, under which the United Kingdom is
represented in one and the same Parliament to be styled the Parliament
of Great Britain and Ireland. The effect of the Bill would be in very
general terms that Ireland would be represented in a Parliament which
contained no English or Scotch representatives, and Great Britain would
be represented in a Parliament which contained no Irish representatives.
Occasionally and for one definite purpose, and no other, namely for the
purpose of modifying the terms of the Gladstonian Constitution, a
Parliament might be convened which contained representatives from
England, Scotland, and Ireland. By what name any one of these assemblies
might be called is a matter of indifference; but that either the British
Parliament which contained no Irish representatives, or the Irish
Parliament which contained no English or Scotch representatives, or the
exceptional and only occasionally convoked body whose one function is to
modify a single Act of Parliament, could be considered by any lawyer the
"one and the same Parliament" in which the United Kingdom is now
represented, is in my judgment all but incredible. If, however, the term
"repeal" causes offence or misunderstanding, let us substitute the word
"modify," which, however, I believe to be less accurate. The lay reader
ought to be reminded that "Statutes may be repealed either by express
words contained in later Acts of Parliament, or by implication," and
that "a repeal by implication is effected when the provisions of a later
enactment are so inconsistent with, or repugnant to, the provisions of
an earlier enactment that the two cannot stand together" (Wilberforce,
'Statute Law,' p. 310). My contention is that the Government of Ireland
Bill would on becoming law be so inconsistent with portions of 39 & 40
Geo. III. cap. 67, as to amount to a repeal thereof. (For a statement of
an opposite opinion, see Mr. Gladstone's pamphlet on the Irish Question
pp. 38, 39.)
[56] The Government of Ireland Bill, clause 7.
[57] See the Government of Ireland Bill, clauses 1, 9.
[58] See the Government of Ireland Bill, clause 7.
[59] _Ibid_., clause 25.
[60] _Ibid_., clause 7.
[61] As to the disallowance of Colonial bills, see pp. 202-5, _ante_.
[62] See the Government of Ireland Bill, clause 25, sub-clause (_a),
(b_) and (_c_).
[63] Government of Ireland Bill, clause 24.
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