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 may thus enjoy immense power, especially if there be no true national
system of primary education; it may well be doubted whether it possesses
as much power in any other country as in Ireland. But like other voluntary
religious associations the Catholic Church is not wholly withdrawn from
the supervision and control of the Law Courts. A series of decisions of
our highest courts with reference to Churches in Ireland and Scotland, and
the colonies, have laid down certain principles equally applicable to the
Roman Catholic Church and to all other religious bodies; in particular,
these principles: that the State can exercise control over all religious
bodies possessing property when it is proved to be contravening its rules
to the injury of members. In the case of societies resting upon a
consensual basis, Courts of Justice are bound when due complaint is made
that a member of the society has been injured as to his rights in any
matter of a mixed spiritual and temporal character, to inquire into the
laws or rules of the Society.(93) Further the authority of a Church cannot
be legally used for purposes inimical to the State or contrary to any
statute. It may make rules for its own members; it cannot enforce them
against others; they are invalid against them if contrary to the terms of
any statute. It may, for example, declare that it will not regard a
marriage with a deceased wife’s sister as valid; it may refuse to
recognise as members those who so marry. But such rules will not legally
invalidate a union which a statute has legalised. Probably this has not
always been fully borne in mind by those who have denounced the
promulgation of the decree _Ne temere_ in Ireland. Resolutions have been
passed against it here and in Ireland. Many Nonconformist bodies have
protested against the promulgation of the decree in British Dominions. The
decree is, I think, objectionable for several reasons, and not least
because it discourages mixed marriages, an effect which seems to me
deplorable, for nothing is better calculated to put an end to
uncharitableness and hatred than the frequency of such unions. But while
such a decree may do harm, it will have no direct effect except as between
the members of the Catholic Church _in foro conscientiæ_. The Irish
marriage law, which with a few exceptions is the same as the English, is
binding on all Catholics and Protestants. Lord Llandaff who speaks at once
as a lawyer and as a Catholic, puts this point clearly:
“The invalidity was that of the sacramental and not of the legal
marriage, and what the Church said to one of her subjects in such
circumstances was: ‘You are married; you are a husband; but you
may not receive the sacrament, and therefore you are in a state of
sin, and in that sense your marriage in void, according to your
conscience, though not according to the law.’ ”(94)
Public-domain text, read in full here on John Shaqi.
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