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
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I wish to thank Lord Haldane and Mr. Birrell for the enjoyment of certain
privileges in the preparation of the book, without the concession of which
its appearance at this moment would have been impossible. I have also to
thank Lord Haldane for reading the proofs of my own chapter on the
Government of Ireland Bill, and giving me the benefit of that profound
learning which is always so generously placed at the service of the
student who seeks its guidance. To my friends, Lord Fitzmaurice, Mrs. J.
R. Green, and Mr. J. A. Spender, I am indebted for many kind offices of a
diplomatic character. Throughout the conduct of my editorial task I have
had the wise counsel and unfailing support of Mr. Bourchier Hawksley, the
Chairman of the Home Rule Committee of the Eighty Club, and to him I
desire to express my grateful acknowledgments.
J. H. MORGAN.
The Temple.
_May, 1912._
PART I. THE NEW CONSTITUTION
I.—The Constitution: A Commentary. BY PROFESSOR J. H. MORGAN
“Home Rule is at bottom Federalism,” we are told(1) by the most
distinguished jurist among its opponents. It is urged against it that
Federal Governments are almost invariably weak Governments, and that, in
so far as they are strong, they are as “symmetrical” as the new
constitution is unsymmetrical. Cornewall Lewis once thought it necessary
to write a book on the Use and Abuse of Political Terms, and there is a
great danger in the present controversy of our being enslaved by the
poverty of our political vocabulary. The term “Federalism” is put to such
new and alien uses as to darken counsel and confuse thought. That Federal
Executives are usually weak, that in the dual allegiance of a Federal
system men often prefer the State authority which is near to the Federal
authority which is remote, that the respective limits of Federal and State
legislation are defined with difficulty and observed with reluctance, that
conflict of laws is more often the rule than the exception, that Federal
constitutions are rigid rather than flexible, and, in a word, that
progress is sacrificed to stability: all these things are true, and all
these things are irrelevant. The Government of Ireland Bill is not, and
cannot be, the corner-stone of a Federal system for the United Kingdom,
although its duplication in the case of Scotland and of England would not
be impossible, should it appear desirable. We may, for want of a better
term, call it the foundation of a system of Devolution, but we must not
call it Federalism.
Public-domain text, read in full here on John Shaqi.
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