The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
Our Constitution meets this by making the whole country one constituency
for the election of the Senate. The Deputies are elected from localities
where they are known, and the special interests of which they are
qualified to represent. Over those interests the major interest of the
whole nation stands guard. It would be possible for persons to enter the
Chamber of Deputies who are not known outside their own localities, but
who are qualified to represent those localities. But by making the entire
country one constituency for the election of the Senate, no merely local
interest will have power to secure election. And thus it will be possible
to find a place for the Senatorial Person from, as the Constitution reads,
"citizens who have done honour to the nation by reason of useful public
service, or who, because of special qualifications or attainments,
represent important aspects of the nation's life." These persons are to be
elected by Proportional Representation; and in order that the business of
election shall not prove too cumbersome it is appointed that one-fourth of
the Senate shall retire every three years, and that before each election a
list shall be prepared by both Houses consisting of at least three times
as many persons as there are vacancies to be filled.
Such form the two Houses of the Oireachtas. Their relation to one another
is carefully defined. The Seanad is created as an advisory and delaying
body, and the ultimate responsibility is given to the Dail. But endowed,
as it is, with so strong an authority, vested in it by the entire nation
voting as a whole, it is unlikely that its criticisms and advice can be
neglected. For such criticisms will be furnished in the course of debates
that will be read by the whole people; and behind them there will always
be the possibility of appeal to the whole nation by Referendum, which the
Senate can compel by a three-fifths vote. The Senate and the people,
therefore, are placed in a watchful alliance over the acts and
proceedings of the Dail. Indeed, it is not unlikely that in the future the
Senate and the people (by Referendum) will often be found in practical
alliance against any attempt of the Dail to arrogate power to itself. The
Senate has the power to make it so--a power of greater worth to it, and to
the nation, than any constitutional right arbitrarily to obstruct
legislation or to make legislation abortive.
IV.
THE PEOPLE AS LAW-MAKERS.
More is spoken of the two instruments of the Referendum and the Initiative
(particularly the former) than is known about them; for in the countries
where they have been adopted, folk use them and do not talk about them,
and where they have not been adopted folk talk about them with ardour or
with fear but without knowledge. Briefly they may be described as a
retention by the sovereign people of sovereign authority over the making
of laws.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account