The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
It is well to see what are the provisions for the Executive Power under
the Swiss Constitution in order to note how widely the Executive in our
draft differs from them. Good or bad, our draft stands or falls by itself,
and cannot depend from the Swiss example, from which it differs both in
itself and in the circumstance which it is designed to meet. The intention
may be of the noblest; but intentions are only prophecies; and the
Fundamental Law of a Constitution is scarcely the place to commit a whole
people to a prophecy. The intention is to overcome party government, and
is conceived at a time when parties are divided along lines that do not
represent the economic issues that ordinarily influence the course of
legislation. For parties, in so far as parties represent true economic
issues, are a natural and inevitable medium for conducting the government
of a country. Where parties do not represent such issues, but are held
together by unnatural organisations, they do, it is true, obscure the
orderly government of a country. The remedy is to be found, not in an
enforced and arbitrary creation of an Executive, but in the right election
of the Legislature, of which the Executive must be a reflection if the
Legislature is to work harmoniously with it, and keep a constant control
over it. To attempt by arbitrary provisions to create an Executive that
does not accurately and at all times reflect the Legislature (on whatever
party lines that Legislature be composed) is automatically to remove that
Executive from the continuous control of the Legislature. And it is surely
the essential business of a Constitution to insist that that control be
emphasised, not diminished. Otherwise, whatever be the intention, the
Executive will become irresponsible, government will fall into the hands
of rulers who can only with difficulty be removed, and constant friction
will ensue.
Such is the broader line of argument. In detail the Executive provisions
of the present draft seem even less defensible. For authority is reposed
in an Executive Council formed of two parts. Of twelve Ministers, it is
stated, four must be members of the Chamber and eight must not be
members--or, if they were members before, they cannot continue to be
members, and must resign. It is true that on the motion of the President
of the Council these four (who are members of the Chamber) may be
increased to seven; but the draft makes it perfectly clear that according
to the normal procedure under the Constitution the proportions are to be
four and eight; and it is on the normal, not on the exceptional, procedure
that attention must therefore necessarily be laid.
Public-domain text, read in full here on John Shaqi.
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