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
Very different is our new Bill. The Executive power does indeed continue
“vested in His Majesty the King,” and nothing is to affect its exercise—in
other words, it is to continue in the hands of the Imperial
Government—_except_ “as respects Irish services as defined for the purpose
of this Act.” The exception is a new departure and the general effect of
the whole clause (Clause IV.) is expressly to hand over in statutory terms
“all public services in connection with the administration of the
Government of Ireland” except the reserved services and such services as
those in regard to which the Irish Parliament have no power to make laws.
The effect of this is to hand over an executive authority co-extensive
with the legislative authority.(48) Moreover, in regard to Irish services,
the Executive power is to be exercised by the Lord-Lieutenant _through_
Irish Departments, and the heads of these Departments are given the
Parliamentary title of “Ministers” and, what is more remarkable, it is
expressly provided (a provision to be found in only one or two, and those
the latest, of our Colonial Constitutions) that:
“No such person shall hold office as an Irish Minister for a
longer period than six months, unless he is or becomes a member of
one of the Houses of the Irish Parliament.”
Never in any constitution that emanated from the practised hand of the
Parliamentary draughtsman has there been such a complete transfer in
express statutory terms of the executive power. Taken together with the
comparatively unrestricted grant of legislative power, it constitutes a
grant of a larger measure of self-government than is to be found in any of
the earlier Bills.
At the same time there is here no cause for alarm. It must be remembered
that the Lord-Lieutenant will exist in a dual capacity—like a
constitutional king he will be bound in Irish matters to act on the advice
of his Irish Ministers but, like a Colonial governor, he will also in all
Imperial matters be bound to obey the instructions of the Imperial
Government. In regard to legislation the position here is quite clear: he
may veto measures which his own Ministers have promoted if the Imperial
Government think it advisable so to instruct him. In regard to the
executive, he will, of course, enjoy less latitude; it is quite clear that
the Imperial Government will, under this clause, find it practically
impossible to interfere in purely Irish administration. The Irish
Government will, of course, be carried on in the name of the Crown, and it
will enjoy the same prerogatives at common law as the Imperial Government
in such matters as the use of the prerogative writs _mandamus_ and
_certiorari_, and the immunity from actions in tort. Ireland has its own
Petitions of Right Act.
Public-domain text, read in full here on John Shaqi.
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