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
In South Africa where, owing to local circumstances, a purely federal
system was held to be inappropriate, the powers granted to the subordinate
provincial legislatures are much more restricted than in Australia and
Canada. In the “South Africa Act, 1909,” Paragraph 59 simply provides that
the (Central) “Parliament shall have full power to make laws for the
peace, order, and good government of the union,” a formula similar to
those used in the Canadian and Australian Constitutions as also in the
Gladstonian Home Rule Bills. On the other hand, several paragraphs in
Section 5 dealing with the provinces almost recall the centralising
tendencies of France, such as for instance, the provision that the
Governor-General in Council is to appoint the administrator, or Chief
Executive Officer, of the province, in whose name all executive acts
relating to provincial affairs shall be done—an official who presents a
certain resemblance to the French Prefect.
The powers reserved to the Executive Committee of the Provincial Council,
presided over by the Administrator, comprise:
Taxation within the province;
The borrowing of money on its sole credit;
Education, other than higher education;
Agriculture;
Hospitals, charitable, municipal and other local institutions;
Local works and undertakings within the province, other than
railways and harbours and bridges connecting two provinces;
The imposition of fines, penalties, or imprisonment for enforcing
provincial laws and generally all matters which, in the opinion of
the Governor-General in Council, are of a merely local or private
nature in the province.
Taking the Canadian Constitution as the most workable model, let us
consider in the light of that instrument what powers it would be
reasonable to hand over to an Irish Legislature. There are two ways of
proceeding in framing any such Constitution. One is to grant general
powers with specific limitations, the course followed by Mr. Gladstone in
his two Home Rule Bills. The second is to specify the powers to be given
to the subordinate Legislature, outside of which it cannot act. Good
reasons may be advanced for both methods; but in view of the difficulty of
accurately foreseeing all the needs and necessities to be provided for by
a new legislative body and the great risk of overlooking important
matters, the inclusion of which later on might encounter very serious
obstacles, the method of giving general powers with exceptions and
restrictions specified in the Act seems the more workmanlike of the two.
Public-domain text, read in full here on John Shaqi.
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