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
This simple argument, that because three millions of Irishmen, or for
that matter three millions of Englishmen, wish for a thing, they are
therefore absolutely entitled to have it, is not often put forward in
its naked simplicity, but is constantly presented under various
rhetorical disguises, such for example as the assertion that Irishmen
have a right to manage their own affairs, that Ireland only wants to be
left to herself, and the like; and impresses both the imagination and
the conscience of the masses. There is a good deal to be said about the
truth of the alleged fact on which the argument is based, namely the
wish of the Irish people. It might be worth while to note that the
"people" in this case meant only a majority of the electors, whose wish
is notoriously opposed to the ardent desire of a respectable minority;
and it might be well to suggest that the constitutional pedantry which
refuses to "go behind an electoral return," _i.e._, to see things as
they are, is not the same thing as either good sense or statesmanship.
But for the present purpose it is better to admit that the majority of
the inhabitants of Ireland would, if a fair vote were taken, express
their wish for Home Rule, as they might, probably, under similar
conditions express their wish for separation. The argument in hand,
however, even when its basis is conceded, allows, according to the
different meanings which it may bear, of different answers. If taken in
its most obvious sense, as asserting the absolute right of a majority
among Irish electors to any concession with regard to Ireland which they
are pleased to claim, it may be met by another formula of equal cogency
or of equal weakness. "The vast majority of the United Kingdom,
including by the way a million or more of the inhabitants of Ireland,
have expressed their will to maintain the Union. Popular government
means government in accordance with the will of the majority, and
therefore according to all the principles of popular government the
majority of the United Kingdom have a right to maintain the Union. Their
wish is decisive, and ought to terminate the whole agitation in favour
of Home Rule." To any sensible person who has passed beyond the age of
early manhood (for youths may without blame treat politics as a form of
logic) neither of these formulas can present a sound ground from which
to defend or impugn legislation which involves the welfare of millions.
The contradiction however between two formulas each of which if
propounded alone would command the assent of a democratic audience is
noteworthy. This contradiction brings into prominence the consideration
that the principle that the will of the majority should be sovereign
cannot, whether true or false in itself, be invoked to determine a
dispute turning upon the enquiry which of two bodies is the body the
majority of which has a right to sovereignty. The majority of the
citizens of the United States were opposed to Secession, the majority of
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