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
Of course in framing a new constitution to meet at once the legitimate
national aspirations of the Irish people and the requirements of the
Imperial power, we cannot pedantically follow any existing model or
precedent, or drive any analogy too far. It is not intended, by drawing
attention to the fact that the local rather than the Dominion Legislatures
constitute the better models, in any way to impair the prestige of the
future Irish Parliament, or to lessen the readiness to meet all reasonable
demands of the Irish party and people, or to withhold powers necessary to
make self-government a success. But it is essential to bear in mind that
the primary condition of permanent success is a measure that will work
with the least possible friction on both sides while satisfying legitimate
Irish demands.
With these points in view, it is therefore proposed to examine shortly the
constitutions of the three dominions already referred to, with the object
of showing what are the powers reserved by them for the Federal
Governments and what are those attributed to the different States
comprised in the federations, in order to deduce from them some parallel
applicable to the case of Ireland—of course, as already indicated, with
such modifications as may be rendered necessary by special circumstances.
It will be well to begin with the Canadian Constitution as the oldest,
dealing afterwards with the Constitutions of the Australian Commonwealth
(1900) and of the South African Union (1909).
The British North America Act, 1867, expressly sets forth the classes of
subjects which can be dealt with by the Federal Parliament “for greater
certainty, but not so as to restrict the generality of the foregoing terms
of this section,” that is to say, the liberty given to the Central
Parliament “to make laws for the peace, order and good government of
Canada, in relation to all matters not coming within the classes of
subjects by this Act assigned exclusively to the legislatures of the
provinces.” Thus, in Canada, the “residuary” or unspecified classes of
subjects are reserved for the Central or Federal Parliament.
Section 92 provides that in each province the legislature may exclusively
make laws on the following subjects:
The amendment of the Constitution of the Province, except as
regards the office of Lieutenant-Governor;
Direct taxation within the province for provincial purposes;
The borrowing of money on the sole credit of the province;
The establishment and tenure of provincial offices, and the
appointment and payment of provincial officers;
The management and sale of the public lands;
The establishment, maintenance and management of prisons,
hospitals, asylums, charities, in and for the province;
Municipal institutions in the province;
Shop, saloon, tavern, auctioneer, and other licences, for
provincial, local or municipal purposes.
Local works and undertakings, excepting:—
Public-domain text, read in full here on John Shaqi.
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