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
Putting on one side for the moment the question whether Home Rule is
Federalism or not, I am inclined to enter a protest against all these
attempts to fit the Bill into the categories of the jurist. It is very
doubtful whether any two constitutions in the world, even federal
constitutions, can be brought under one species. Two of the most
successful “federal” constitutions present the gravest anomalies to the
theorist. The Canadian Constitution, according to Professor Dicey, betrays
a logical fallacy in the very words of its preamble;(2) and German jurists
have wrangled no less inconclusively than incessantly about the legal
character of the Empire and as to where its sovereignty resides;(3) yet in
neither case has the practical operation of these constitutions been much
the worse for the legal solecisms which they present. Indeed, it would not
be too much to say with Aristotle that the “mixed” and not the “pure” type
of government is the most successful, and that when Federalism is, as in
the United States, at its purest, it is also at its weakest. The
constitution of Imperial Germany ought, on this kind of reasoning, to be a
flagrant perversion, and yet it has persisted in enduring for some
forty-one years, and the prestige of its principal organ, the Bundesrath,
although violating all Mr. Balfour’s principles as to “equality” in its
constitution, is, according to the doyen of the constitutional lawyers of
Germany, increasing every day.(4) The argument that “Federalism” is
incompatible with the preponderance of the “predominant partner,” and that
no “federal” union is possible in these islands owing to the superior
position occupied by England, would, even if it were relevant, be easily
refuted by the example presented by the hegemony of Prussia.
Public-domain text, read in full here on John Shaqi.
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