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 new Bill is remarkable for the explicitness with which it invests
Ireland with control over the Executive. For the first time in the written
constitutions of the Empire we have a statutory Executive, and not only is
it a statutory Executive, but it is to be a Parliamentary Executive
defined by statute. In the earlier Bills nothing was more remarkable than
the brevity and allusiveness with which this question of the Government of
Ireland was treated. “The Executive power in Ireland shall continue vested
in Her Majesty the Queen” was the language employed in the Bill of 1893.
Under that Bill the Government of Ireland would have continued, even after
its passage into law, to be in the hands of the English Cabinet and it
would have rested with that Cabinet to determine how large or how small a
part of the prerogatives of the Crown should be delegated to the
Lord-Lieutenant. Paradoxical as it may seem, it would have been quite
possible for a Unionist Government, coming into power immediately after
the Home Rule Bill had passed into law and an Irish Parliament had met at
Dublin, to retain in their own hands the Executive authority in Ireland
without any breach of statutory obligations. The Bills of 1886 and 1893
left it in the discretion of the Crown to decide what the powers of the
Lord-Lieutenant should be. Following Colonial precedents, the Constitution
would have had to be supplemented(47) by prerogative legislation in the
shape of Letters Patent defining those powers. Moreover, these powers were
to have been vested not in the Lord-Lieutenant in Council, but in the
Lord-Lieutenant alone. Something was indeed, said about an “Executive
Committee” of the Irish Privy Council to aid and advise in the Government
of Ireland—this was the only hint of responsible Government that the Bill
contained—but nothing was said of the powers or constitution of the
Committee nor of the extent to which the Lord-Lieutenant was bound to act
on its advice. Its constitution was left to the discretion of Her Majesty.
Its powers would, of course, as in the case of the Colonies, have been
decided by the tacit adoption of the unwritten conventions of the English
Constitution that the advisers of the Governor must command the confidence
of the Legislature which votes supplies.
Public-domain text, read in full here on John Shaqi.
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