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
At the present moment we have in the case of Scotland devolution in a
state of arrested development. This process of disintegration is reflected
in separate Estimates in finance and in distinct draftsmanship in
legislation. In legislation, indeed, marked changes have also taken place
under cover of alterations in the Standing Orders of the House of Commons.
An itinerant delegation of Scotch members has been set up to deal with
private bill procedure in Scotland, and domestic devolution within the
walls of the House of Commons has taken the shape of a Scotch Grand
Committee. Few or none of these changes have any preconceived relation
with the others; they represent experiments framed to meet the exigencies
of the moment, but they all bear eloquent witness to a fact which has
changed the whole aspect of the Home Rule problem and made that aspect at
once more practical and less intimidating—the fact that the House of
Commons has found itself increasingly incompetent to do its work. The fact
is disguised by a multitude of expedients, all of them, however, amounting
to a renunciation of legislative authority. These changes represent the
_disjecta membra_ of Scottish Home Rule—they have no coherence, they point
not so much to a solution of the problem as to its recognition.
None the less, I think the Irish Government Bill does provide us with a
prototype. There is nothing in it, with the exception of the financial
clauses, which forbids its adoption in the case of Scotland and of
England. But I think, as I have already indicated in another connection,
that the category of reserved subjects ought to be considerably enlarged
so as to secure the maintenance of the existing uniformity of legislation
in commercial and industrial matters. There are, however, undeniable
difficulties in the way of an identity of local constitutions. Legislation
in regard to land is exempted from the control of the Irish Legislature to
an extent which Scotland would hardly be prepared to accept. Control over
legislation relating to marriage is retained in the case of Ireland; I
doubt if it would be tolerated in Scotland, whose marriage law differs(61)
from that of England to a far greater extent than is the case with the
marriage law of Ireland. In common law England and Ireland have the same
rules;(62) it is only in statute law that they differ. In Scotland the
common law is radically different. There will, therefore, be some
difficulty in finding a common denominator for the Imperial Parliament—and
in avoiding, even under “Home Rule All Round” a certain divergence in the
legislative capacities of the members from Scotland and Ireland, with the
attendant risk of an “in-and-out” procedure.
II.—Irish Administration Under Home Rule. BY LORD MACDONNELL OF SWINFORD
Public-domain text, read in full here on John Shaqi.
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