The New Irish Constitution: An Exposition and Some Arguments — John Shaqi
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 great economy shown by the draughtsman in the number of the exceptions
from the powers of the Irish legislature, as well as in the number of the
restrictions upon the exercise of those powers, means, as we have already
indicated, that the whole weight of control over the Irish legislature is
thrown upon the executive and legislative veto of the Imperial Government.
Is it sufficient to rely upon the paramount power of the Imperial
Parliament to override by statute Irish legislation which may be
inequitable or inexpedient, and upon the exercise of the veto of the
Imperial Government? These checks are the exercise of a _force majeure_,
which is often invidious and always difficult. Above all they are
political. The exercise of them depends on the party in power in Great
Britain, and as such it may excite resentment among the Irish people as an
invasion of the autonomy granted to them. On the other hand, exceptions
and restrictions are a legal, not a political, check—they operate through
the agency of the courts of law without the intervention of political
considerations. Moreover—and this perhaps is the most important
consideration—they rest upon the consent of the Irish people expressed in
the terms of the Home Rule Act to which their representatives are a party.
For an Irish Parliament to defy them would be to defy the very Act which
was the charter of its existence. But they invite litigation. It all
resolves itself into a question of hitting the mean between the dangers of
litigation on the one hand and of political pressure on the other.
Probably, however, the occasions of conflict will be few and unimportant,
and the temper of the Irish Parliament may be much more conservative than
its critics imagine.
The Executive
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