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
Two comments may be made upon these provisions. They were so minute as to
be at once a source of frequent irritation and certain to give rise to
frequent conflicts with the Irish Legislature and as to be calculated to
encourage litigation. Further, they did not specifically deal with the
subject of marriage, an omission which, in view of the decree _Ne temere_,
seems objectionable. They are replaced by a general clause to the
following effect:
“In the exercise of their power to make laws under this Act the
Irish Parliament shall not make a law so as either directly or
indirectly to establish or endow any religion, or prohibit the
free exercise thereof, or give a preference, privilege or
advantage, or impose any disability or disadvantage, on account of
religious belief or religious or ecclesiastical status, or make
any religious belief or religious ceremony a condition of the
validity of any marriage.”
How far these provisions will be eluded probably no one can say with
certainty. It is difficult enough to ascertain the present situation in
Ireland without attempting to predict with confidence the future.
Statements diametrically opposite are vouched for by persons of equal
experience and opportunity of knowledge. “Facts” in that country are so
elusive. What is true in the south is fiction in the north, and _vice
versa_. It may be admitted that machinery designed to protect minorities
counts for less than the spirit actuating those who work it. The greatest
security no doubt for religious liberty would be the presence of a general
spirit of mutual forbearance; militant bigotry could not permanently exist
alongside the prevalence of the spirit of charity; and Ulster, as well as
other parts of Ireland, might make its contribution thereto. Some new
forces there are working for toleration, I believe that they are
increasing. Among them are these: the action of democratic institutions in
which persons of all creeds take part; the prosperity of the country
bringing in its train to all parts of the country new ideas and hopes and
interests; the performance by Catholics and Protestants of common civic
duties; the constant stream, strongly charged with secular elements,
flowing between Ireland and the United States; the silent influence of
literature and newspapers permeated by a spirit which no priesthood can
exorcise; the frequency of mixed marriages as proved by the action of the
Catholic Church against them; the existence of urgent political and social
questions as to which men are not divided according to their religious
beliefs. These are so many manifestations of the modern spirit, from the
operation of which Ireland no more than any other part of the western
world can escape. They may prove stronger than legal safeguards.
Public-domain text, read in full here on John Shaqi.
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