The New Irish Constitution: An Exposition and Some Arguments — John Shaqi
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
interpret them, which is depriving our constitution of what has hitherto
been regarded by foreign students as one of its most distinctive
features—the subordination of the executive to the legislature and to the
courts. The distinction between Gesetz und Verordnung,(59) between statute
and order, is fast disappearing in the enormous volume of statutory
orders. Powers to make rules under particular statutes are entrusted to
Scotch, Irish, and English Departments which have the effect of
diminishing the control of the House of Commons without transferring it to
any representative substitute. The great increase of grants-in-aid for
administrative purposes has also given the departments a power of indirect
legislation by the latitude they enjoy in the distribution of them such as
is further calculated to diminish the control of the House of Commons over
questions of Irish and Scotch policy. Rarely do any marked departures by
the departments come under the review of the House of Commons; the claims
of the Government over the time-table of the House, fortified by certain
rulings of the Speaker,(60) may and frequently do preclude any examination
of them. In the words of a famous resolution, one may say “the power of
the Executive has increased, is increasing, and ought to be diminished.”
But it is no remedy for this state of things to provide for administrative
devolution alone. To devolve the authority which a great Department of
State, such as the Board of Agriculture, exercises over the whole of Great
Britain by the simple process of assigning its Scotch business to the
Secretary for Scotland, does not increase the control of Scottish members
over the executive. This process of administrative devolution, which is
always going on, is not accompanied by any measure of legislative
devolution; the Secretary for Scotland is not thereby brought under the
control of the Scotch Standing Committee.
To create a new Scottish or Irish Department does not increase
Parliamentary control over Scottish or Irish administration; rather it
diminishes it. The heads of a Scottish Education Office, Local Government
Board, and Department of Agriculture have been made responsible not to the
House of Commons but to the Secretary for Scotland. Like the Chief
Secretary for Ireland, he is a Prime Minister without a Cabinet and
without a Legislature, and his policy is determined primarily not by
Scottish or Irish opinion, but by the alien issues of imperial politics.
Obviously there will never be any remedy for these anomalies until we have
a Legislature with an executive responsible to it.
Scottish Home Rule
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