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
But it may be said that, while I have sufficiently described these
separate laws, I have not explained why they are passed, nor have I given
any reason why they must be continued. The separate laws are passed
because England, Scotland and Ireland have in many respects distinct and
different institutions. In Ireland, for instance, neither the position of
the Church, nor the organisation of the police or of the Courts of
Justice, nor the law in regard to the tenure of land, nor the system of
education or of local government in general, is the same as in England or
in Scotland; while Ireland is also subject to an exceptional code of
criminal law. And the institutions of England and Scotland differ also
very widely from one another. “After a long period of intimate union
between England and Scotland,” said Lord Lothian, in 1887, in a speech in
the House of Lords upon the proposed enlargement of the powers of the
Secretary for Scotland, “people are apt to forget how entirely distinctive
and different the administration of Scotland is from that of England.
There is almost no point of resemblance. There are different forms of
religion and different social forms affecting almost every portion of
Scotland. There is a different code of education—an entirely different
code of education—and different systems of agriculture. There are also
different systems affecting the law of lunacy and parochial laws, and
almost every other department.”(163) And these differences between the
three countries, which are the direct cause of the distinctive laws, must
surely be regarded as permanent, seeing that they have persisted since the
respective Acts of Union. Neither Scotland nor Ireland would willingly
surrender its separate judicial and ecclesiastical institutions or its
separate machinery of administration. Indeed, the prevailing tendency
favours increased differentiation, and it has the support of Unionists as
well as of Liberals. The Unionists have recently created new Irish
Departments in Dublin, such as the Department of Agriculture and Technical
Instruction, and when the Liberals had re-established the office of
Secretary for Scotland after a lapse of nearly a century and a half, the
Unionists proceeded to add considerably to its powers.
Public-domain text, read in full here on John Shaqi.
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