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 first result of this amazing separation of executive and
administrative responsibility would be that the Chamber, looking from one
to the other in the attempt to fix the ultimate responsibility, would find
itself with only the vain shadow of control. For the Eight would in theory
be responsible to it, but in practice--certainly on all major matters of
policy--would be directed by the Four. Yet the Four could not be held
responsible for the doings of the Eight. And the second result would be
that the Eight would be little more than Civil Servants. Yet they would
not be Civil Servants. They would neither be Ministers nor Civil Servants,
having neither one kind of responsibility nor the other.
The baffling consequence would be that the Chamber would not only lose
control over the Eight, but, because of the same division between
executive and administrative responsibility, would lose control over the
whole Executive (including the Four) in respect of functions ascribed to
the Eight. It is in the details of administrative practice that the
control of the Legislature is usually most important; and it is in just
these details that, by the division of the Council into two kinds of
Ministers, with different methods of appointment and removal and different
sorts of tenure, that the Chamber will under these provisions have lost
its control. It is true that it would have the remedy of putting out the
Four; but few Chambers, having appointed the head or heads of a
Government, desire to throw them out except on some fundamental, paramount
issue. The remedy might be worse than the evil; and thus, by its
reluctance to take so drastic a step, and by the division of
responsibility, it would lose its continuous control over the Executive
which is the very breath of legislative freedom.
It is unnecessary to point, further, to the danger of nominating a large
part of an Executive under these circumstances through a Committee. It is
notorious that Committees are, or can be made, more easily accessible to
intrigue than larger assemblies. The Chamber itself should be its own
Committee for the selection of Ministers, on the recommendation of the
President of the Council, with whom they would have to work. This
provision still further removes the Executive from the control of the
Chamber. And so the order of responsibility is inverted, which the plan of
the Constitution elsewhere so constantly emphasises. For the People may at
all times, by the Referendum and the Initiative, control the Legislature.
But the Legislature cannot, under these provisions, at all times and so
simply control the Executive. And so control fails just at the point where
authority tends most to arrogate power to itself.
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