The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
The Irish Parliament will, of course, have power to repeal any existing
Acts of the Imperial Parliament in so far as they relate to Ireland, and
do not deal with matters exempted from its authority. It would be
impossible for it to legislate for the peace, order, and good government
of Ireland if it had not this power, and the power is implied in the
general grant. But if the Imperial Parliament chooses to continue to
legislate for Ireland, even in matters in regard to which the Irish
Parliament has been empowered to legislate, such Imperial legislation will
be of superior obligation. This is also a corollary of the doctrine of the
supremacy of Parliament, and it was not necessary to state it in the
Bill.(18) The grant of particular legislative powers to Ireland does not
prevent the Imperial Parliament from subsequently legislating in
derogation of those powers. The supremacy of the Imperial Parliament is as
inexhaustible as the fountain of honour.
It is just here that the divergence from Federal principles is most
marked. Under the British North America Act the legislative powers of the
provinces are “exclusive” of Dominion legislation within their own
sphere.(19) So, too, in the case of the Australian Constitution, under
which the residuary legislative powers remain with the States, the Federal
Parliament is excluded from legislating in any matters not expressly
conceded to it. The result is seriously to limit the operations of such
powers as it does possess. It has, for example, over Customs and Excise,
but there are other ways of giving a preference to a trade than by the
imposition of duties: a low standard of factory legislation may operate in
the same direction, as the Federal Parliament found to its cost when it
attempted to pass an Excise Tariff Act, depriving manufacturers of the
advantages of the new tariff in those States in which a certain industrial
minimum was not observed. The Act was held invalid by the High Court(20)
on the ground that it exceeded the powers conferred on the Federal
Parliament by the Constitution, and encroached on the exclusive powers of
industrial legislation which belonged to the States. No such situation
would be possible under the Government of Ireland Act, because the powers
of the Irish Legislature are not exclusive of the powers of the Imperial
Parliament, but merely concurrent. And whenever an Irish and an Imperial
statute conflict, the rule of construction will be in favour of the
latter.
The Powers of the Irish Parliament
Public-domain text, read in full here on John Shaqi.
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