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 Australia, where the powers of the States were established long before
the Commonwealth came into existence, there is no direct power of veto,
but in 1903 and subsequently, Acts were passed by the Commonwealth
Parliament giving the High Court jurisdiction in matters arising under the
Constitution or involving its interpretation. Thus, in the words of Mr. W.
Harrison Moore, Dean of the Faculty of Law in the University of Melbourne,
in his “Constitution of the Commonwealth of Australia,” “the Commonwealth
Government and the State Governments are in their relations independent
and not hierarchical. There is no such general supervision of the State in
the exercise of the powers belonging to it as is enjoyed by the Dominion
Government over the Provinces of Canada.... The observance by the
Commonwealth Government and the States of the limits set to their powers
is secured by the action of the courts whose judicial duties may involve
the determination of the validity of the authority under which acts are
done, whether that authority is the Crown, a subordinate legislature, or
any whatsoever save the Imperial Parliament.”
If the Canadian example be followed the Imperial Parliament will retain
powers of control of such a far reaching character over Irish legislation,
as ought to dispel the fears of timid souls who are reluctant to entrust
the Irish people with the task of working out their own destiny. The
Canadian veto has not been a dead letter, but has exercised its
restraining influence, both actively and passively, over the Provincial
Legislatures, which have naturally been averse to allowing matters to come
to a crisis necessitating its use. Further, to follow precedent, the
interpretation of the powers to be granted by the new Irish Constitution
should rest in the last resort in an appeal to the Privy Council.
Public-domain text, read in full here on John Shaqi.
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