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
At length, after the election of 1885, Mr. Gladstone and the majority of
his followers came to the conclusion that an opportunity had presented
itself for providing Ireland with a Constitution conferring on the
people of that country the largest measure of self-government consistent
with the absolute supremacy of the Crown and the Imperial Parliament and
the entire unity of the Empire. A scheme was proposed which was accepted
in principle by the representatives of the National party in Ireland as
a fair and sufficient adjustment of the Imperial claims of Great Britain
and the Local claims of Ireland. The scheme was shortly this. A
Legislative Assembly was proposed to be established in Ireland with
power to make all laws necessary for the good government of Ireland--in
other words, invested with the same powers of local self-government as a
colonial Assembly. The Irish Assembly was in one respect unlike a
colonial Legislature. It consisted of one House only, but this House was
divided into two orders, each of which, in case of differences on any
important legislative matter, voted separately. This form was adopted in
order to minimize the chances of collision between the two orders, by
making it imperative on each order to hear the arguments of the other
before proceeding to a division, thus throwing on the dissentient order
the full responsibility of its dissent, with a complete knowledge of the
consequences likely to ensue therefrom. The clause conferring on the
Irish Legislature full powers of local self-government was immediately
followed by a provision excepting, by enumeration, from any interference
on the part of the Irish Legislature, all Imperial powers, and declaring
any enactment void which infringed on that provision. This exception (as
is well known) is not found in colonial Constitutional Acts. In them the
restriction of the words of the grant to Local powers only has been
held sufficient to safeguard the supremacy of the British Parliament and
the unity of the Empire. The reason for making a difference in the case
of the Home Rule Bill was political, not legal. Separation was declared
by the enemies of the Bill to be the real intention of its supporters,
and destruction of the unity of the Empire to be its certain
consequence. It seemed well that Ireland, by her representatives, should
accept as a satisfactory charter of Irish liberty a document which
contained an express submission to Imperial power and a direct
acknowledgment of Imperial unity. Similarly with respect to the
supremacy of the British Parliament. In the colonial Constitutions all
reference to this supremacy is omitted as being too clear to require
notice. In the case of the Irish Home Rule Bill instructions were given
to preserve in express words the supremacy of the British Parliament in
order to pledge Ireland to an express admission of that supremacy by the
same vote which accepted Local powers. It is true that the wording by
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