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
Union of the Parliaments has led to legislative uniformity, and it is very
significant that, even upon these public matters, Parliament has been
unable at any time since the Act of Union, to avoid the necessity for a
large amount of separate legislation for Ireland.
The figures up to 1890 are taken from Mr. T. A. Spalding’s “Federation and
Empire,” which contains many interesting particulars, and I have worked
out the figures for the two succeeding decades, but not exactly on the
same basis. Mr. Spalding includes the Provisional Order Confirmation Acts
which were not distinguished from other Public Acts until the middle of
last century, but I omit them as not partaking of the character of general
legislation, and the number of separate Acts given for England, Scotland
and Ireland is considerably reduced by this omission.
In my first table, which gives the total, not the annual average, I divide
the Public General Acts into two wide categories: those, which I term
“United Kingdom” Statutes, that apply to the Dominions, the Colonies, or
India, as well as those which apply to the United Kingdom as a whole; and
those, which I term “State” Statutes, that apply to England, Scotland or
Ireland alone, to any two of these three countries, or, in a very few
cases, only to the Channel Islands or the Isle of Man.
Public General Acts, 1891-1910.
United State. Total.
Kingdom.
1891-1900 295 336 631
1901-1910 252 206 458
Total 547 542 1,089
It will be noticed that there is a curious approximation between the
numbers in the two columns, and nearly half the legislative output of
Parliament thus takes a form which is at any rate contrary to the spirit
of the Act of Union. Excluding financial measures during the few years
when the exchequers of Great Britain and Ireland continued to be separate,
it would have been anticipated that the legislation under the Union would
be uniform, or at least tend to uniformity, and it is very significant
that, after more than a hundred years, so much separate legislation should
still be required for the several portions of the United Kingdom. But I
will postpone any further comments on this situation until I have shown
how the “State” Acts are divided up as between the three countries and
what are the principal subjects with which they deal.
Public-domain text, read in full here on John Shaqi.
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