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
If the latter course be adopted, following the precedent created in the
Bills of 1886 and 1893, the new Legislature will acquire general powers to
make the necessary laws for the peace, order and good government of
Ireland. The powers thus granted in general terms will of course be very
extensive, comprising, as they must, the liberty of raising taxes,
borrowing money, and dealing with education, public worship, property and
civil rights, land, factory and company laws, the administration of
justice, licensing, etc., etc.
In connection with taxation the important question arises whether the
power should be granted to any unit of a federal state to impose Customs
Duties. In the models we have referred to no local legislature is entitled
to deal with Customs or Tariffs. Indeed all three Constitutions expressly
provide that there shall be free trade within the limits of the
federation. It is inconceivable that a British Parliament should ever
grant, or that the Irish representatives should ever ask for, powers which
would enable Ireland to set up a radically different fiscal system to that
adopted by the rest of the United Kingdom. Thus the precedents established
by the Constitutions of the different Dominions would undoubtedly have to
be followed. There is a further question to consider, namely, how and to
what extent it will be possible to reconcile any conflict that may arise
between the powers exercised by the central and local legislatures in
collecting taxes. For instance is the income tax to be retained as a
purely Imperial tax, or is the Irish Parliament to have power to levy,
either in substitution for it or in addition to it, an income tax of its
own? The same question arises with regard to excise duties. As no income
tax is imposed in any of the three self-governing Dominions referred to,
their constitutions throw no light on this point. Nor does the
Constitution of the German Empire, as there the income tax is a state and
not an Imperial tax. A solution of this problem might be possible on two
lines. One by allowing the Irish Government to impose its own income tax,
paying a fixed contingent to the British Treasury. The second method would
be to allow the Irish Parliament to make additions to the British tax, in
the way that German municipalities are allowed to make additions to the
State income tax. Something of this kind seems contemplated under the
Government Bill.
In the Dominions licenses for the sale of alcoholic liquors, excise
duties, and land taxes are all imposed by the States. They might also be
very well made State, that is to say Irish, taxes in Ireland. The future
financial relations between Ireland and Great Britain, however, are dealt
with in another chapter.
Public-domain text, read in full here on John Shaqi.
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