Handbook of Home Rule: Being Articles on the Irish Question
History
Handbook of Home Rule: Being Articles on the Irish Question
Home rule -- Ireland; Ireland -- Politics and government -- 1837-1901; Irish question
It is not in its details, therefore, but in the manner of its
construction, that the American Constitution furnishes anything in the
way of guidance or suggestion to those who are now engaged in trying to
find a _modus vivendi_ between England and Ireland. The same thing may
be said of the Swiss Constitution and of the Austro-Hungarian
Constitution. Both of them contain many anomalies--that is, things that
are not set down in the books as among the essentials of federalism. But
both are adapted to the special wants of the people who live under them,
and were framed in reference to those wants.
The Austro-Hungarian Delegations are another exception to the rule.
These Delegations undoubtedly control the ministry of the Empire, or at
all events do in practice displace it by their votes. It is made
formally responsible to them by the Constitution. All that Mr. Dicey can
say to this is that "the real responsibility of the Ministry to the
Delegations admits of a good deal of doubt," and that, at all events,
it is not like the responsibility of Mr. Gladstone or Lord Salisbury to
the British Parliament. This may be true, but the more mysterious or
peculiar it is the better it illustrates the danger of speaking of any
particular piece of machinery or of any particular division of power as
an essential feature of a federal constitution.
We are told by the critics of the Gladstonian scheme that federalism is
not "a plan for disuniting the parts of a united state." But whether it
is or not once more depends on circumstances. Federalism, like the
British or French Constitution, is an arrangement intended to satisfy
the people who set it up by gratifying some desire or removing some
cause of discontent. If that discontent be due to unity, federalism
disunites; if it be due to disunion, federalism unites. In the case of
the Austro-Hungarian Empire, for instance, it clearly is a "plan for
disuniting the parts of a united state." Austria and Hungary were united
in the sense in which the opponents of Home Rule use the word for many
years before 1867, but the union did not work, that is, did not produce
moral as well as legal unity. A constitution was therefore invented
which disunites the two countries for the purposes of domestic
legislation, but leaves them united for the purposes of foreign
relations. This may be a queer arrangement. Although it has worked well
enough thus far, it may not continue to work well, but it does work well
now. It has succeeded in converting Hungary from a discontented and
rebellious province and a source of great weakness to Austria into a
loyal and satisfied portion of the Empire. In other words, it has
accomplished its purpose. It was not intended to furnish a symmetrical
piece of federalism. It was intended to conciliate the Hungarian people.
When therefore the professional federal architects make their tour of
inspection and point out to the Home Ruler what flagrant departures from
Public-domain text, read in full here on John Shaqi.
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