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
It appears from the published text of the Bill [cl. 29, sub.-cl. 1] that
the Lord-Lieutenant or a Secretary of State—in ordinary political language
either the Irish Government or the Home Government—may refer a question
whether any provision of an Irish Act or Bill is constitutional to be
heard and determined by the Judicial Committee of the Privy Council. That
Committee is to decide who are the proper parties to argue the case. There
does not seem to be any reason to apprehend that the parties interested
would make difficulties on the score of expense; they would be either
public authorities or representative associations. This provision is
really not a novelty but a special declaration, and perhaps an
enlargement, of the very wide power given by the Act which established the
Judicial Committee in 1833,(82) and empowered the King “to refer to the
said Judicial Committee for hearing or consideration any such other
matters whatsoever as His Majesty shall think fit”: a power more than once
exercised in our own time.(83) It is quite easy, however, for even learned
persons who are not familiar with the practice of the Privy Council to
overlook the existence of this enactment, and therefore the insertion of
an express clause in the Home Rule Bill is judicious. Probably no one will
seriously propose to deprive the Crown, as regards Ireland, of a power
which it already has throughout the British Empire. But it is a matter
from which party politics ought to be rigorously excluded. It should be
understood that the power will not be exercised without a considered
opinion of the law officers, in Ireland or here, that there is a
substantial and arguable question.
IV.—Constitutional Limitations Upon The Powers Of The Irish Legislation.
BY SIR JOHN MACDONELL, C.B., LL.D.
Securities For Religious Freedom
It may be of interest before dealing with the safeguards for religious
liberty in Ireland to describe those adopted in other countries. This
survey, made in no controversial spirit, may help to give a proper sense
of perspective and proportion. A brief comparative study of the legal
safeguards for religious liberty may not perhaps help much to inspire the
spirit of charity and toleration, which are its best supports. But we know
our own position better when we know that of others. It is some gain also
to find that others have had the same problems as ours, and have solved
them with more or less success. Certain fears are much abated when it is
recognised that it is proposed to make in Ireland an experiment of a kind
which has been satisfactorily carried out elsewhere. Political justice has
been found, in the countries to which I refer, compatible with religious
freedom. Why not in Ireland?
Constitutional Limitations
I. PROGRESS OF RELIGIOUS LIBERTY
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