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
It must, at any rate in modern days, be a written constitution, for its
very foundation is the "Federal pact" or contract; the constitution must
define with more or less precision the respective powers of the central
government, and of the State governments of the central legislature and
of the local legislatures; it must provide some means (e.g., reference
to a popular vote) for bringing into play that ultimate sovereign power
which is able to modify or reform the constitution itself; it must
provide some arbiter, be it Council, Court, or Crown, with authority to
decide whether the Federal pact has been observed; it must institute
some means by which the principles of the constitution may be upheld,
and the decrees of the arbiter or Court be enforced against the
resistance (if need be) of one or more of the separate States. These are
not the accidents but the essential features of any Federal
constitution; and are found under the constitution of the Canadian
Dominion and of the Swiss Confederacy, no less than under the
constitution of the United States. They all depend on the simple, but
often neglected fact, that a Federal constitution implies an elaborate
distribution and definition of political powers; that it is from its
very nature a compromise between the claims of rival authorities, the
Confederacy and the States, and that behind all the mechanism and
artifices of the constitution there lies, however artfully concealed,
some sovereign power which must have the means both to support the
principles of the constitution and, when occasion requires, to modify
its terms. Hence almost of necessity flow some further results. Under a
federation the law of the land must be divided into constitutional laws
(or, in other words, articles of the constitution), which can be
changed, if at all, only with special difficulty, say by an appeal to
the popular vote or by a constituent assembly, and ordinary laws which
may be changed by the central Congress or by the separate assemblies of
the States. The powers both of the central Parliament and of the local
parliaments, depending as they do upon the constitutional compact, must
be limited. Neither the National Assembly of Switzerland nor the
Congress of the United States have anything like the sovereign power of
the British Parliament: the same thing is obviously true of the Cantonal
or State Assemblies. Such are, under one form or another, the essential
characteristics of a Federal Government. A confederation of which
England and Ireland formed a part would further of necessity exhibit a
feature not to be found in the United States. The authority of the
Confederacy would in reality mean the power of one State--namely, Great
Britain. No artificial distribution of the whole country into separate
States would get rid of a fact depending upon laws or facts of nature
beyond the reach of constitutional arrangements.
[Sidenote: Advantages of Federalism to England.]
Public-domain text, read in full here on John Shaqi.
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