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 privileges of the Imperial Parliament are conferred by the Government
of Ireland Bill upon the Irish Parliament. In the absence of such grant
the Irish Parliament would not have had such privileges—although it might
have adopted them by legislation—for the _lex et consuetudo Parliamenti_
are not implied in the grant of a constitution.(55) It is not uncommon to
prescribe in Colonial Constitutions that the legislature shall have such
privileges as are enjoyed by the House of Commons at the time of grant. In
the present case, the Irish Parliament may define its privileges, if it
thinks fit, by legislation, though it is difficult to imagine any occasion
for its doing so. The really important thing is that it cannot enlarge
those privileges beyond the scope of the privileges of the Imperial
Parliament. This is the one constitutional limitation in the Bill—apart
from the “safeguards” as to legislation in regard to religion and marriage
contained in Clause III.—and it is by no means unimportant. The powers of
the Imperial Parliament—particularly as to the right of the two Houses to
commit for contempt without cause shewn—are a sufficiently high standard.
Irish Representation in the House of Commons(56)
Irish representation at Westminster has always been the riddle of the Home
Rule problem. I have no space to examine here in detail the alternative
solutions which were put forward in the earlier Home Rule Bills. But there
is one general consideration which must always be borne in mind in the
theoretical discussion of any solution. It is the very simple
consideration that representation is what mathematicians would call a
“function” of legislative power—the one is dependent upon the other. If
the legislative powers over Ireland reserved to the Imperial Parliament
are large, the representation of Ireland in that Parliament must not be
small. It is at this point that Mr. Gladstone’s original proposal for
total exclusion broke down. He reserved to the Imperial Parliament
considerable powers of legislation in regard to Ireland and yet proposed
to exercise those powers in the absence of Irish representatives.
Public-domain text, read in full here on John Shaqi.
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