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
Yet there is an excellent principle embedded in this provision. It is very
deeply, and perhaps almost inextricably, embedded; but it is there. For
if a number of nations are to join together as co-equal members of a
Community, plainly there should be some common Court to which all can
appeal with equal confidence. Ireland and England, for instance, have made
a Treaty. Either side may violate that Treaty. Who is to judge between
them? Is the appeal to be to the arbitrament of strength? If so, what of
the co-equality of the Community? It becomes an idle phrase, however
separate one may claim to be from the other.
The case may be carried even further. A case exists for such a Court, not
only in respect of their interdependent relations, but not less in respect
of their internal relations. It may even happen that the citizen of a
State, or a combination of citizens, may have a plain case to be carried
to such a Court as against their State, if a Court of sufficient
impartiality could be established. States are not always immaculate of
justice, particularly to minorities.
Can such a Court be found? I believe it can. An exposition of the present
draft of our Constitution is not the place to give the details of such an
alternative. It is sufficient to say that there is such an alternative,
for which provision could therefore be made in substitution of the present
provision, against which the requirements of justice and the entire
experience of the Commonwealth rises in evidence.
VIII.
FUNCTIONAL COUNCILS.
It is the duty of a Constitution, not merely to provide for the present,
but to leave itself lissom and flexible for the development of the future.
If those developments can in any way be foreseen, it is its duty further,
to indicate them by allowing specifically for them, without of necessity
pledging the future to them. How far these indications may profitably be
carried is a question not so easy to answer. Times differ. Constitutions
made at a time of fixed social and political ideas, are necessarily fixed
in their provisions. Constitutions made at a time, such as the present,
when social and political ideas are rapidly shifting and changing must
needs indicate the likelihood of change in certain directions; and make
allowance for such changes. It is therefore striking to notice that in
nearly every Constitution made during and since the Great War such
indications are scattered freely. And from that fact alone the historian
of the future could tell with assurance that these were years of rapidly
changing conceptions.
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