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
(b.) _If, in the course of any action or other legal proceeding,
such question arises on any Act of the Irish Legislature, any party
to such action or other legal proceeding may, subject to the rules
in this section mentioned, appeal from a decision on such question
to Her Majesty in Council;_
(c.) _If any such question arises otherwise than as aforesaid on
any Act of the Irish Legislature, the Lord-Lieutenant or one of Her
Majesty's principal Secretaries of State may refer such question to
Her Majesty in Council;_
(d.) _Any question referred or appeal brought under this section to
Her Majesty in Council shall be referred for the consideration of
the Judicial Committee of the Privy Council;_
(e.) _The decision of Her Majesty in Council on any question
referred or appeal brought under this section shall be final, and a
Bill which may be so decided to be, or contain a provision, in
excess of the powers of the Irish Legislature shall not be assented
to by the Lord-Lieutenant; and a provision of any Act which is so
decided to be in excess of the powers of the Irish Legislature
shall be void;_
(f.) _There shall be added to the Judicial Committee when sitting
for the purpose of considering questions under this section, such
members of Her Majesty's Privy Council, being or having been Irish
judges, as to Her Majesty may seem, meet._
(g.) _Her Majesty may, by Order in Council from time to time, make
rules as to the cases and mode in which and the conditions under
which, in pursuance of this section, questions may be referred and
appeals brought to Her Majesty in Council, and as to the
consideration thereof by the Judicial Committee of the Privy
Council, and any rules so made shall be of the same force as if
they were enacted in this Act._
(h.) _An appeal shall not lie to the House of Lords in respect of
any question in respect of which an appeal can be had to Her
Majesty in Council in pursuance of this section_.
_Lord-Lieutenant._
[Sidenote: Office of Lord-Lieutenant.]
26.--(1.) Notwithstanding anything to the contrary contained in any
Act of Parliament, every subject of Her Majesty shall be eligible to
hold and enjoy the office of Lord-Lieutenant of Ireland, without
reference to his religious belief.
(2.) The salary of the Lord-Lieutenant shall continue to be charged on
the Consolidated Fund of the United Kingdom, and the expenses of his
household and establishment shall continue to be defrayed out of moneys
to be provided by Parliament.
(3.) All existing powers vested by Act of Parliament or otherwise in the
Chief Secretary for Ireland may, if no such officer is appointed, be
exercised by the Lord-Lieutenant until other provision is made by Act of
the Irish Legislature.
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