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 same objection may be urged against the contention that the grant of
self-government, whether to Ireland alone or to the rest of the United
Kingdom, is both reactionary and unprecedented. The progress of all
civilised communities, we are told, is towards political integration, not
away from it. Devolution, it is said, is gratuitous in the case of a
“United” Kingdom whose very union represents an ideal imperfectly achieved
by the less fortunate countries which have had to be content with
something less complete in the form of Federalism. Nations or Colonies
mutually independent federate as a step towards union; it is
“unprecedented” to reverse the process and qualify union by looser ties of
cohesion. Now this attempt “to construct a normal programme for all
portions of mankind”(5) cannot be sustained. If it could, it would avail
as a conclusive argument against the grant of self-government to our
Colonies whose claims to legislative independence grow with their growth
and strengthen with their strength.(6) But it is not even true of Federal
Unions. Anyone who takes the trouble to study the history of judicial
interpretation of the American Constitution will find that there is a
constant ebb and flow in the current of “unionism.” The intention of the
framers of the 14th Amendment to create a United States citizenship has
been largely neutralized by the decisions of the Supreme Court, which have
inclined strongly in the direction of the legislative autonomy of the
States.(7) Nor is this all. We are told that Federal Constitutions are
“round and perfect and self-contained,”(8)—that they are characterized by
“equality” of all the parts—and that, like the work of the divine
law-giver of early communities, they are finished the moment they are
begun.(9) But these confident inductions cannot be sustained. The history
of the constitution of the United States and of Imperial Germany tells
another story—a story of ancillary communities and dependencies in various
stages of political apprenticeship. If we look for the American
Constitution where all such constitutions must really be sought, that is
to say not in the original text, but in the commentary of the courts, we
shall find a truly remarkable tendency of late years to emphasize this
heterogeneity, inequality and incompleteness.(10)
Public-domain text, read in full here on John Shaqi.
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