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
It was no answer to cite colonial analogies. The Irish problem is not, as
I have pointed out elsewhere, a colonial problem. No one at present
proposes to give Ireland complete fiscal autonomy, for example. Nor is it
strictly apposite to say that the Imperial Parliament legislates for the
Colonies in the absence of colonial representatives. Such legislation is
now almost exclusively confined to what I may call enabling legislation in
matters in which the Colonies, owing to their status as Dependencies, are
unable to legislate. In such matters as copyright, merchant shipping,
marriage, extradition, the Imperial Parliament legislates for the Colonies
largely because colonial laws cannot operate ex-territorially, and such
Imperial legislation is usually effected by means of application clauses
which enable the Colonies to adopt it or not as they please. But rarely if
ever does the Imperial Parliament legislate for a self-governing colony as
it has done and will continue to do in the case of such domestic Irish
affairs as old-age pensions, land purchase, Customs and Excise, defence,
naturalisation, to say nothing perhaps of industrial and commercial law. I
have already indicated my opinion in favour of confining these subjects to
the Imperial Parliament, but even were the opposite course taken there
would still remain the fiscal question. We cannot continue to tax Ireland
unless the Irish representatives are to remain at Westminster.
The presence of the Irish members at Westminster is imperative if the
supremacy of the Imperial Parliament is not to be illusory. Mr.
Balfour(57) contends that it will be as illusory as it has been in the
case of the Colonies. But the Colonies are not represented in the Imperial
Parliament, and to differentiate Ireland in this respect is to make all
the difference between a legal formula and a political fact.
Public-domain text, read in full here on John Shaqi.
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