The Irish Constitution: Explained by Darrell FiggisFiggis, Darrell
History
The Irish Constitution: Explained by Darrell Figgis
Figgis, Darrell
Ireland -- Politics and government -- 1922-1949
For the other nations of the Commonwealth are themselves not now what they
were when their constitutions were first framed. They were then but
colonies, on whom their mother-country was pleased to bestow
constitutions--and if the pleasure was not always the most noticeable part
of the bestowal, the legal smile did not diminish the fact of the gift. In
their constitutions, therefore, the apron-strings are very much in
evidence. It is clear from them that the mother did not propose to let the
children wander far from her control, even though she permitted them to
walk with their own feet. Not only in the actual provisions of these
constitutions, but in their very conception and plan, drawn exactly
according to English methods and from English experience, it is evident
that a state of perpetual tutelage was imagined for the peoples to whom
they were given.
That has now changed. The colonies have come to be nations, very jealous
of their nationhood. They have grown with experience, have moved onward
with time, and it would go hard with anyone who attempted to remind them
of what, nevertheless, their constitutions are a continual reminder. The
consequence is that the provisions of these constitutions cannot be
enforced since they do not square with experience. They encumber the
documents which contain them as so much dead timber. They are sometimes
carelessly, and more often dishonestly, described as legal fictions. But
they are not legal fictions. They are dead letters--dead timber which a
wise woodman would soon hew away. Life and experience have outgrown them;
and this growth finds expression--if, unfortunately, not the full
expression that might at one time have seemed possible--in the present
draft Constitution. For under her Treaty with England Ireland agreed to
take equal rank in the Community of Nations with the other members of it.
Specifically she accepted the "law, practice and constitutional usage" of
Canada; and that constitutional usage implies, not the dead timber of the
Canadian Constitution, but the living tissue of her constitutional
experience.
Public-domain text, read in full here on John Shaqi.
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