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
Paragraph 107 provides that every power of the Parliament of a Colony
shall, unless exclusively vested in the Parliament of the Commonwealth, or
withdrawn from the Parliament of the State, continue as before. Paragraph
109 stipulates, however, that when a State law is inconsistent with the
law of the Commonwealth, the latter shall prevail, and the former shall,
to the extent of the inconsistency, be invalid.
Certain powers specifically granted to the State Parliaments are set forth
in the following paragraphs, which are of sufficient interest to be cited
textually:
“112. After uniform duties of customs have been imposed, a State
may levy on imports or exports, or on goods passing into or out of
the State, such charges as may be necessary for executing the
inspection laws of the State; but the net produce of all charges
so levied shall be for the use of the Commonwealth; and any such
inspection laws may be annulled by the Parliament of the
Commonwealth.
“113. All fermented, distilled, or other intoxicating liquids
passing into any State or remaining therein for use, consumption,
sale, or storage, shall be subject to the laws of the State as if
such liquids had been produced in the State.
“114. A State shall not, without the consent of the Parliament of
the Commonwealth, raise or maintain any naval or military force,
or impose any tax on property of any kind belonging to the
Commonwealth, nor shall the Commonwealth impose any tax on
property of any kind belonging to a State.
“115. A State shall not coin money, nor make anything but gold and
silver coin a legal tender in payment of debts.
“117. A subject of the Queen, resident in any State, shall not be
subject in any other State to any disability or discrimination
which would not be equally applicable to him if he were a subject
of the Queen resident in such other State.
“118. Full faith and credit shall be given, throughout the
Commonwealth to the laws, the Public Acts and records, and the
judicial proceedings of every State.
“120. Every State shall make provision for the detention in its
prisons of persons accused or convicted of offences against the
laws of the Commonwealth, and for the punishment of persons
convicted of such offences, and the Parliament of the Commonwealth
may make laws to give effect to this provision.”
Public-domain text, read in full here on John Shaqi.
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