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
foreign experience, be regarded as a tolerable evil or as a probable
cure for a chronic disease. He suggests that it is a good in itself, and
laments that ignorance led our ancestors to fuse Scotland and England
into an United Kingdom, when they might, had they understood the
principles of federalism, have left to each country the blessings of
State sovereignty.
[Sidenote: Criticism on argument.]
There is some difficulty in treating with perfect seriousness a line of
reasoning which, proceeding from the quarter whence it comes, holds up
for our admiration the wisdom or lenity of Turkish rule in Crete, and
extols the supreme justice of the system upon which rests the
Austro-Hungarian monarchy, which implies that the arts of government may
be learnt from the Russian administration of Finland, and omits all
reference to the disastrous results of the attempt to endow Poland with
some sort of independence, which bases weighty inferences as to the
proper relation between England and Ireland on the concession by Denmark
to the scanty inhabitants of a desolate island lying 1100 miles from her
coast of as much autonomy (if that be the right term) as under the Crown
of England has been enjoyed for generations by Jersey or Man, and which
suggests lamentations over the splendid triumph of constructive
statesmanship embodied in the treaty of Union with Scotland. _De minimis
non curat lex_ is a maxim of judicial procedure which in spirit applies
to proposals for legislation. Arguments from Iceland and the like may be
set aside as the ornaments or curiosities of debate, and may be allowed
as much weight and no more as would be given to an argument in favour of
petty states from the flourishing condition of Monaco, or to reasonings
in support of Republicanism from the condition of Andorre. Though there
is something slightly ridiculous in the zeal with which the advocates of
Home Rule, using at least as much industry as discrimination, have
scraped together every instance they can lay their hands upon of
constitutions under which something which can be called Home Rule exists
without producing palpable injury to the State, it would be unfair to
deny some real weight to a kind of induction, which, if not convincing
as argument, yet possesses undoubtedly a good deal of rhetorical
effectiveness. Nor ought the concession to be refused that if there be
any man dull or ill-informed enough to suppose that countries cannot be
politically united unless they are subject to a common legislative
power, the slightest knowledge of lands outside England is sufficient to
make manifest his ignorance. When, however, the instances on which the
induction is supposed to be founded are carefully scrutinised, it will
be discovered that those examples which deserve attention are far less
numerous than might be supposed from a glance over the lists now well
known to the public of what may be termed successful experiments in Home
Public-domain text, read in full here on John Shaqi.
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