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 eighteenth century knew little or nothing about Federal Government.
The Constitution of the United States, the parent of all the numerous
later schemes of Federalism, was still in the limbo of the future; and it
would be as idle to blame the Government of 1782 for not entering on a
journey into the region of the unknown, especially at a moment of
unexampled public difficulty, as it would be to blame the statesmen of the
present day for not anticipating the political discoveries of the next
generation, whatever they may prove to be. It was owing no doubt to the
idea of Federal Government being practically unknown to the men of 1782,
and to the unwillingness of the English mind to strike out on a new and as
yet untrodden path in the art of Government, that in all the discussions
of that time there is little or no suggestion of instituting a Federal
link between Great Britain and Ireland. Some such suggestion was made
during the negotiations on the Scotch Union, but it was decisively
rejected by England, and only weakly urged by Scotland. The period was, in
fact, one when Europe was still under the influence of a set of ideas
which worked in an exactly opposite direction to the ideas of nationality
and Federalism. The period was indeed drawing to a close; but the whole
tendency of history had for two centuries previously been in the direction
of large agglomerations of territory and centralization of government,
quite irrespective of questions of nationality and race, and that tendency
was still potent in 1782. The idea that the advantages of a national
Government, extending over a large territory, might be combined with those
of a decentralization of authority by a division of jurisdictions, was not
one which the statesmen of the day in Europe had begun seriously to
consider. Separation they understood, or an incorporate union: the
possibility of an intermediate arrangement they ignored.
And yet an experiment in Federal Government is not to be approached with a
light heart, and perhaps one thing only can be said about it with any
certainty, that whatever success has attended it, wherever in fact it has
worked smoothly, it has been when the powers reserved to the Federal or
National Government have been those only which were strictly necessary,
and in regard to which differences of opinion would presumably not arise
amongst the States forming the Union.
It is the more important to bear these considerations in mind, because of
the existence of a widely spread but erroneous idea in regard to the
United States Constitution, to the effect that the Federal Government has
very numerous and extensive powers in internal affairs assured to it by
the jurisdiction of the Federal Court. This Court, it is said, can
intervene, under the terms of the Constitution, to arrest the action of
the State Governments, and therefore, once given a Federal Court, the
success of the Federal experiment is assured.
Public-domain text, read in full here on John Shaqi.
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