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
I now pass to the subject-matter of the Acts of Parliament; and I again
turn to Mr. Spalding’s book. He has made a most interesting analysis of
the statutes up to the year 1890, from which it appears that Parliament
had been unable to legislate by Acts applying over the whole of the United
Kingdom whenever it had had to deal with the administration of justice and
the laws relating to any of the following subjects: the tenure and
occupation of land; the holding, transfer, and devolution of property
(including land); the Church; the poor; local government, rural and urban;
roads, railways, and canals; and education.(160) These are the subjects,
that is to say, on which Parliament had been obliged to pass separate laws
for the different parts of the United Kingdom, and the study of this
centrifugal tendency seemed to me so important that I have continued (on
the next page) the analysis for the following twenty years.
The first impression derived from this table is that the division between
the subjects on which the legislation covers the whole of the United
Kingdom, and those on which it has a narrower application, is much the
same as during the earlier period. Parliament continues to legislate
separately for the “States” in the matters in which it has been its
practice so to do, and this in itself is a very significant consideration
in view of the strong contrary inducement resulting from the growing
congestion of Parliamentary business. Thus, taking the last three headings
on the list, we see that in regard to Education, the Poor, and the Church,
all the legislation during the twenty years was of a “State” character,
while the very numerous Acts relating to Local Administration were in
almost every instance equally limited in their application. When we pass
to Law and Justice, and to Land and Agriculture, we find that the “State”
predominance is not quite so marked, but even so, there were three times
as many “State” as “United Kingdom” laws, and we conclude that, though the
pressure of Parliamentary business is against it, “State” legislation
continues to hold the field over a wide and varied range of legislative
activity.
Public General Acts.—United Kingdom.(161)
Public-domain text, read in full here on John Shaqi.
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