The Irish Constitution: Explained by Darrell Figgis — John Shaqi
The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
The case is not without an historical parallel. In earlier times in other
states the sovereign was the king, who said, "L'Etat, c'est moi." He was
therefore the law-maker, by supreme right. He might summon the estates of
his realm--Lords and Commons--to advise and counsel him; and he might,
normally, allow their acts without his interference; but, being sovereign,
he reserved the right to cause those acts to be referred to him for the
final act of his will; and he at all times reserved the right to send a
message to them instructing them to make laws on matters that seemed to
him to require attention. This he did, being the sovereign. His parliament
was the legislature of the State, but he preserved the Referendum and the
Initiative, and held them as his sovereign authority over the authority
deputed to the legislature.
When, however, sovereignty passed to the people, they assumed the
attributes and the functions of that sovereignty. Where once the king's
person and the king's dwelling, for example, had been declared to be
inviolable, now (as in our Constitution) the people's persons and the
people's dwellings are declared to be inviolable. And where once the king
reserved the right to veto and to initiate legislation, so now (as again
in our Constitution) the people reserve the right to veto and to initiate
legislation. And this is the plain and simple meaning of the two
instruments of the Referendum and the Initiative. Their effect is to shift
sovereignty from the parliament to the people, where the revolutions of
the 17th and 18th centuries shifted sovereignty from the king to the
parliament.
It frequently happens that theories (for whatever they may be worth) are
carried to their logical ends by practical people and not by
theorists--for theory generally lags in the rear of practice. So it
happened in this case. For it was the soberly practical and conservative
people of Switzerland who in modern times first devised the Referendum,
and then the Initiative. Since then they have been adopted in many
countries, chief of which are Belgium, Australia, and many of the American
States; and they appear in most of the constitutions recently adopted in
Europe. But it is in Switzerland that they can most usefully be studied,
for there they have a solid experience of ninety years continuous practice
behind them.
The Referendum came first; and in its modern form was first adopted in the
Constitution of the canton of St. Gall in 1831, the second and third
articles of which read:
Art. 2.--The people of the canton are sovereign. Sovereignty, which
is the sum of all political powers, resides in the whole body of
citizens.
Art. 3.--It results from this that the people themselves exercise the
legislative powers, and every law is submitted to their sanction.
This sanction is the right of the people to refuse to recognise any
law submitted to them, and to prevent its execution in virtue of
their sovereign power.
Public-domain text, read in full here on John Shaqi.
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