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 “subject matter” of the Old Age Pensions Acts, National Insurance
Acts, and Labour Exchanges Acts has, it is true, been excluded. It seems
regrettable that the category is not enlarged to include the Companies
Acts, the Sale of Goods Act, the Bills of Exchange Act, and the Factory
Acts. It would be highly undesirable to have the “industrial minimum” for
the United Kingdom, so laboriously attained by our factory legislation,
lowered in the interests of particular interests in Ireland. The
advantages of securing uniformity by the inclusion of the three great
statutes relating to commercial law is also very obvious. Two of them,
indeed, represent a great step in that codification of English law which
is the dream of English jurists, they have been adopted as a model in some
of our colonies, and it would seem highly desirable that the standard thus
attained should remain fixed. In urging this, I do not forget what I have
already said, in connection with the subject of constitutional
limitations, as to the undesirability of exacting too rigid a degree of
uniformity in English and Irish legislation, but constitutional
limitations are one thing and exceptions quite another. It is very
difficult to subject the whole field of Irish legislation to juristic
principles, but it is comparatively easy to exempt from that field the
subject matter of particular Acts. The whole question resolves itself into
a consideration of the point at which uniformity should be determined. The
Bill seems to fix the point much too low.
Of course, one way of dealing with the question would have been to grant
Ireland only particular and enumerated powers of legislation, as has been
done in the case of the provincial legislatures of Canada. There is much
to be said for this. It seems the line of least resistance; it is always
easier to add to powers which appear deficient than to withdraw powers
which have proved excessive. But it undoubtedly invites litigation and it
is very difficult, if not impossible, to define what are exclusively Irish
matters without in the last resort using some such general term (as is
used in the British North America Act) as “generally all matters of a
merely local nature.”
Public-domain text, read in full here on John Shaqi.
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