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
Assuming, however, the division between Imperial and local powers to be
accurately determined, how is the subordinate legislative body to be
kept within its due limits? The answer is very plain,--an Imperial court
must be established to decide in the last resort whether the subordinate
legislature has or has not infringed Imperial rights. Such a court has
been in action in the United States of America ever since their union,
and no serious conflict has arisen in carrying its decisions into
effect, and the Privy Council, acting as the Supreme Court in respect to
Colonial appeals, has been accepted by all the self-governing colonies
as a just and impartial expositor of the meaning of their several
constitutions.
Next in importance to the right division of Imperial and local powers is
a correct understanding of the relation borne by the executive of an
autonomous country to the mother country. In every part of the British
Empire which enjoys home rule the legislature consists of the Queen and
the two local legislative bodies. The administrative power resides in
the Queen alone. The Queen has the appointment of all the officers of
the government; money bills can be introduced into the legislature only
with the consent of the Queen. The initiative power of taxation then is
vested in the Queen, the executive head, in practice represented by the
Governor. But such a power of initiation is of course useless unless the
legislative body is willing to support the executive, and grants it the
necessary funds for carrying on the government. What, then, is the
contrivance by which the governmental machine is prevented from being
stopped by a difference between the executive and legislative
authorities? It is the same in the mother country, and in every British
home-rule country, with this difference only--that beyond the limits of
the mother country the Queen is represented by a governor to whom are
delegated such a measure of powers as is necessary for the supreme head
of a local self-governing community. The contrivance is this in the
mother country:--the Queen acts upon the advice of a cabinet council; in
home-rule dependencies the Governor acts on the advice of a local
council. If this cabinet council in the mother country, or local council
in a dependency, ceases to command a majority in the popular legislative
body, it resigns, and the Governor is obliged to select a council which,
by commanding such a majority, can obtain the supplies necessary to
carry on the government. The consequence then is, that in a home-rule
community, if a serious difficulty arises between the legislative and
executive authority, the head of the executive, the governor, refers the
ultimate decision of the question to the general body of electors by
dissolving the popular legislative body. It has been urged in the
discussion on the Irish Government Bill that the powers of the executive
in relation to the legislative body ought to be expressed in the Bill
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