The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
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The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
All that it is the absolute duty of a Constitution to do is to state how
the Executive shall be formed, and to define its responsibility to the
Legislature. The rest may be left to the practice of the future. Certainly
to indulge in experiments in a Constitution respecting so vital a part of
it as the Executive (experiments unlike anything yet attempted in any
Constitution in the world) is an extremely hazardous proceeding. Nor are
such experiments necessary in a Constitution, since they may be tried in
the course of ordinary legislation, and surrendered if they prove
impracticable. It is one thing to experiment--which a Constitution should
allow. It is another thing to be pledged to one's experiments for
ever--which is what a Constitutional provision is intended to mean.
The experimental nature of the provisions for the Executive in the present
draft of the Constitution is manifest. They are unlike anything in any
Constitution. They are quite unlike the provisions in the Swiss
Constitution, from which the inspiration is supposed to be derived.
Switzerland is a Confederation, consisting of twenty-two sovereign
cantons, where only limited powers are conferred on the federal
authorities. The twenty-two sovereign cantons differ widely in religion,
language, habits and traditions. They are jealous of the federal
authorities, and jealous of one another, and therefore insist that the
Federal Council (which acts as the Executive), as well as the Federal
Assembly, shall be representative directly of the languages, religions and
traditions of different parts of the country. Certain of the larger towns
and cantons, indeed, claim prescriptive rights to the appointment of
members of the Federal Council. This Council, therefore, is appointed for
the whole term of the Assembly by the two chambers of the Assembly sitting
together, and are chosen by the two chambers, as the Constitution says,
"from among all Swiss citizens eligible to the National Council." The
members of the Council may speak, and propose motions, in both chambers,
but they may not vote in either, for they form a separate institution
outside the Assembly.
Public-domain text, read in full here on John Shaqi.
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