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
[70] I do not, of course, deny for a moment that an Act could be so
drawn as to give Ireland an Irish Parliament, to remove the Irish
members from the Parliament of the United Kingdom, and at the same time
to reserve to the residue of the United Parliament, or Rump, the full
sovereignty now possessed by the Parliament of the United Kingdom. What
I do insist upon is, that it is open to question whether the Government
of Ireland Bill was so drawn as to achieve these results. Nor is the
question unimportant. The fundamental ambiguity of the Bill obviously
arose from the fact that its authors, whilst wishing to promise in
appearance to Ireland that the new Irish constitution should not be
changed by a body in which Ireland had no representatives, also wished
to soothe the apprehensions of England by tacitly reserving to the
British Parliament the power of altering or repealing the Irish
constitution without recalling the representatives of Ireland. The
consequence is that the Bill proclaims in so many words that its
provisions shall be altered in one way only, but by implication, as its
authors suppose, provides that its provisions may be altered in another
and quite different way. If this is the intended effect of the Bill it
ought to have been made patent on its face. In constitutional matters,
as indeed in all the serious concerns of life, ambiguity and uncertainty
of expression is the source both of misunderstanding and of danger.
The question of the sovereignty of the British Parliament might, it
should be noted, arise in another and more perplexing form, which
received, unless I am mistaken, no attention during the debates on the
Irish Government Bill. Admit for the sake of argument that the British
Parliament can legislate for Ireland; is it equally certain that the
Imperial Parliament (i.e. the British Parliament with the addition of
Irish representatives) cannot claim to legislate for England or for the
whole British Empire? No doubt the Gladstonian Constitution proposes
that the Imperial Parliament should be convened only for a limited
definite purpose; but is it certain that the Imperial Parliament, which
would in its constituent parts be in effect the reunited Parliament of
the United Kingdom, might not when convened claim to reassume sovereign
power? The addition of a hundred Irish members might turn a minority in
the British Parliament into a majority in the Imperial Parliament; can
we feel sure that the English minority in the British Parliament would
resist the temptation to exalt the authority of a body in which they
would be supreme? The enquiry sounds to Englishmen a strange one; but
the annals of foreign constitutions suggest that an assembly which,
though convoked for a particular purpose, is able from any point of view
to consider itself sovereign is with difficulty restrained from
asserting supreme power. From this side the Gladstonian Constitution
might prove a menace to the supremacy of the British Parliament.
Public-domain text, read in full here on John Shaqi.
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