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
Indeed, the expedient has much to be said for it, for the discretion, if
wisely exercised, will enable the Imperial Government not only to secure
to Irish minorities a degree of representation which no conceivable system
of election could secure, but also to appoint men of moderate opinions—one
immediately thinks of Sir Horace Plunkett—who, in the strife of
extremists, might have no chance of election by either party. It has been
argued in some quarters that a Second Chamber is wholly unnecessary, and
the example of the single-chamber legislatures in some of the Canadian
provinces has been cited. The argument, however, overlooks one really
important function of the Senate, namely its duty to provide for the
security of tenure of the Irish judges. Clause XXVII. provides that judges
appointed after the passing of the Act shall only be removable on an
Address of both Houses of the Irish Parliament, and, should the Senate
refuse to concur in a demand by the lower House for the removal of a
judge, there is no such means of overcoming its resistance in a joint
session as is the case with legislation. This is well.
There is one provision in the Bill(53) which will serve to strengthen the
position of the Senate as an advisory body and may operate to give it an
initiative in the introduction of Government legislation—the provision
which enables an Irish Minister who is a member of either House to sit and
to speak in both Houses. This is a practice common on the Continent, and
not wholly unknown in the case of some of our Colonial Constitutions, and
it has much to commend it. The Senate is placed under the same
disabilities as to money bills as are imposed on the House of Lords by the
Parliament Act. Thereby it is placed in an inferior position to that of
most of the Second Chambers in the Colonies, all of which can reject, and
some of which may also amend, money bills. The disability is the less
surprising having regard to its character as a nominee body—it is when the
Second Chambers of the Colonies are elective, that their powers in regard
to money bills are considerable.(54)
Public-domain text, read in full here on John Shaqi.
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