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
[64] Government of Ireland Bill, clauses 37, 39. On the whole question
as to the mode in which the Gladstonian Constitution, or in other words
the Government of Ireland Bill, is intended to be altered, readers are
specially referred to the terms of the Bill itself. The whole matter is
involved in so much controversy that one can hardly make any statement
about it which an opponent will not question. The parts of the Bill to
be studied are clauses 37 and 39.
[65] See Government of Ireland Bill, clause 39.
[66] I am quite aware that the account I have given of the proposed
Gladstonian Constitution is likely not to be accepted as correct by some
of the supporters of the Government of Ireland Bill. That measure by
designating both what I have termed the British Parliament and the
Imperial Parliament by the one name Imperial Parliament, conceals in my
judgment the extent of the alteration which the Bill contemplates. For
the sake of clearness of thought I must request my readers to
distinguish carefully four different bodies:--
1. The Parliament of the United Kingdom of Great Britain and Ireland.
This is the actually existing Parliament constituted by the Act of Union
with Ireland.
2. The British Parliament; that is, the Parliament of the United Kingdom
with the Irish representatives removed from it. This body is called
under the Government of Ireland Bill the Imperial Parliament. It is a
distinctly different body from the Parliament of the United Kingdom.
Whether it does or does not inherit the legal powers of the Parliament
of the United Kingdom is a separate question afterwards to be
considered. All that I now insist upon is that it is a different body.
3. The Irish Parliament, a body admittedly constituted or to be
constituted under the Government of Ireland Bill, and therein called the
Irish Legislature.
4. The Imperial Parliament, a body in effect consisting of the British
Parliament with the addition of the Irish representatives, or in other
words of the British Parliament combined with the Irish Parliament. This
body is convoked, as I have pointed out, only for the special purpose of
altering the Gladstonian Constitution. It is termed in the Government of
Ireland Bill the Imperial Parliament.
What I am most anxious my readers should note is that the bodies 2 and 4
are each termed in the Bill the Imperial Parliament, and thereby not
only confused together, but as far as possible each identified with the
existing Parliament of the United Kingdom, with which neither really
corresponds. The British Parliament differs from the Parliament of the
United Kingdom certainly in constitution, if not also in authority.
The so-called Imperial Parliament nearly corresponds with the Parliament
of the United Kingdom in constitution, but differs from it in function
and authority.
Public-domain text, read in full here on John Shaqi.
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