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
On the contrary, I hope that the opponents as well as the supporters of
Home Rule would agree that, since Home Rule involves a division of
legislative powers between the Parliament of the United Kingdom and the
Irish Parliament, it is not only pertinent, but necessary, that we should
make ourselves acquainted with the lines upon which Parliament has, in
practice, divided up its legislative business. For, while the point should
not be pressed too far, I would suggest that the separate Irish laws, and,
for that matter, the separate English and Scottish laws, constitute a kind
of internal devolution, which is all the more significant because
Parliament has not been actuated by any preconceived purpose; and that the
subjects which are now dealt with by “State” laws are, for that very
reason, those of which Parliament should naturally be relieved under any
scheme of Home Rule. Similarly, it might be claimed that Parliament should
retain those powers which it is now able to exercise in common for the
whole of the United Kingdom; but the position is not the same in the two
cases. In its anxiety to economise time, Parliament does not hesitate to
render its measures applicable to the whole of the United Kingdom by
appending to them clauses which regulate separately the application of the
provisions to Scotland and Ireland; and where these “application clauses,”
as they are called, are long and complicated, it is probable that separate
measures for the different parts of the United Kingdom could be adjusted
more closely to the local requirements. On the other hand, we may be sure
that Parliament would not have passed, for instance, separate Local
Government Acts for England, Scotland and Ireland, each of which took up
much of its time, unless it had been obliged to do so; and we may assume,
whenever such separate Acts are passed, that Parliament had some strong
reason for its action, though, of course, I do not imply that Parliament
has legislated also for England and Scotland on every subject on which it
has passed an Act that related exclusively to Ireland.
Public-domain text, read in full here on John Shaqi.
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