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 safeguards provided by the measure deal specifically with the subjects
as to which fears of religious inequality exist: establishment and
endowment, education and marriage; as compared with them, the provisions
in the Canadian and Australian Acts are very imperfect. They guard, in
explicit terms, against the dangers to religious liberty and equality in a
way in which probably no other Constitution does.
A necessary supplement to any Legislature with limited jurisdiction is a
Court of Appeal. Under the proposed constitution, the Irish Courts will be
free to determine the constitutional character of any measures passed by
the Irish Parliament; and from their decisions an appeal will lie to the
Judicial Committee of the Privy Council, which will decide questions
similar to those determined by it with reference to the Canadian and
Australian constitutions, and by the Supreme Court of the United States
reviewing the constitutional character of State legislation. It may be
surmised that the Court will be faithful to the principles which it has
laid down in dealing with the powers of the Parliaments of the Dominions.
It has not hesitated to interfere in Canada with ecclesiastical sentences
or censure which it believed invalid (see _e.g._, _Brown_ v. _Curé de
Montreal_). It will, we may assume, do likewise in Ireland.
To conclude: He who believes in political freedom will believe also that
religious oppression cannot long co-exist with it. Never, so far as I
know, has ecclesiastical tyranny been enduring under democratic
institutions; and I see no reason why the result should be different in
the new Ireland which the Land Acts and the Local Government Act have
created. Full and free political life is the best, perhaps the only,
solvent of intolerance.
V.—Financial Relations(99) BY LORD WELBY
“The Channel forbids Union, the Ocean forbids separation. I demand
the continued severance of the Parliament with a view to the
continued everlasting unity of the Empire.”
Terse words in which a great statesman summed up the relation of Ireland
to England. The Home Rule Bill will give the sanction of law to Grattan’s
aphorism. It bids Ireland manage her own affairs, freeing her in her own
house from official bondage to an unsympathetic consort. If the Act of
Enfranchisement is drawn in a trustful and large spirit, it will, we may
feel assured, end the feud of centuries, and create unity where the Act of
Union has created enmity.
Public-domain text, read in full here on John Shaqi.
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