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 is this dual allegiance that constitutes the inherent weakness of all
Federal systems. Arguments based upon it have been urged against the grant
of self-government to Ireland. Even those who admit that Federal analogies
have no application so far as the relations of the Imperial and Irish
legislatures are concerned, and who concede that the Irish Parliament will
be as subordinate as a State Parliament in a Federal system is
co-ordinate—none the less insist that in the relation of the two
executives there is a real and perilous dualism. Many opponents allege,
and no doubt, believe, that, with an Irish Parliament sitting at Dublin,
the King’s Writ will not run, the decisions of the Judicial Committee will
not be enforced. Imperial statutes will not be obeyed, and Imperial taxes
will not be collected. If there were a real delimitation of Courts and
Executives, Imperial and Irish, under the new system, such a danger,
though remote, would be conceivable. But no such sharp distinction is to
be found in the Bill. In political unions, the central Government may act
upon its subjects in a particular state directly through its own
agencies—its own Courts, its own Executive officers, and its own
police—this is the true Federal type; or it may act indirectly through the
agency of the State authorities. Conversely, the State Governments may act
directly through their own agencies—this again is the Federal principle,
or they may act indirectly through Imperial agencies. Now wherever this
indirect action is employed in both its forms the distinction between the
two authorities is confused, the Federal principle undergoes a
qualification which, by depriving it of half its symmetry, deprives it of
all its weakness. Just this reciprocal relationship is established between
the Imperial Government and the Irish Government.
Imperial officials will be at the service of the Irish Government, and
Irish officials at the service of the Imperial Government. For example, in
the collection of taxes imposed by the Irish Parliament, the Irish
Government will depend upon Imperial revenue officers to assess and
collect them. The Imperial Government, on the other hand, will depend upon
Irish Courts and Irish sheriffs to enforce their collection. Irish
sheriffs will, in turn, depend upon an Imperial constabulary to assist
them in levying execution. I shall return to some of these points in
greater detail when I come to deal with the relations between the
Executive and the Judiciary, and the maintenance of law and order. It is
sufficient for me to remark here that the Irish Nationalist who wishes to
defy the Imperial Government, and the Irish Unionist who wishes to defy
the Irish Government, will each be hard put to define what he is pleased
to regard as the limits of political obligation. He will find it difficult
to distinguish where the authority of the Irish Government ends and that
of the Imperial Government begins.
The Supremacy of the Imperial Parliament.
Public-domain text, read in full here on John Shaqi.
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