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
The question remains what should be the ultimate court of appeal for
questions of this kind arising under an Irish Home Rule Act. According to
our general forensic habit and tradition, it would be the court to which
appeals are taken in the ordinary course from the Court of Appeal in
Ireland, namely the House of Lords. It appears however to have been
decided that this duty will be more appropriate to the Judicial Committee
of the Privy Council. Now it is high time, for quite independent reasons,
that these two courts of last resort, which are composed in practice of
the same, or very nearly the same members, should be merged in a single
tribunal of final appeal for the whole of the British Empire. In the
meanwhile the only material difference is that when noble and learned
persons are sitting as the House of Lords they can and do express their
individual opinions in the form of speeches addressed to the House itself,
and when they sit as “their Lordships” of the Privy Council, or “this
Board,” only one opinion is given as the Judicial Committee’s advice to
His Majesty. For my part I rather think that the suppression of dissenting
opinions does not work well in cases of constitutional interpretation.
Some decisions of the Judicial Committee within pretty recent memory have
been hardly intelligible; one is tempted to conjecture that not all of the
reasons for them commanded unanimous assent, and the reasons to which the
whole or the greater part of their Lordships could agree were not the best
that any of them could have given. Separate and dissenting opinions are
freely given in the Supreme Court of the United States, which has dealt
with the most delicate constitutional questions ever since its work began.
If I were an Irishman I think I should prefer the House of Lords to the
Judicial Committee. But, as above said, it is hoped that before very long
they will cease to be distinct tribunals. Moreover there is a practical
reason, which shall now be mentioned, for making the Judicial Committee
the final Court of Appeal in this behalf.
Public-domain text, read in full here on John Shaqi.
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