Handbook of Home Rule eBook

This eBook from the Gutenberg Project consists of approximately 329 pages of information about Handbook of Home Rule.

Handbook of Home Rule eBook

This eBook from the Gutenberg Project consists of approximately 329 pages of information about Handbook of Home Rule.

The legislative supremacy of the British Parliament was maintained by an express provision excepting from any interference on the part of Irish Legislature all imperial powers, and declaring any enactment void which infringed that provision; further, an enactment was inserted for the purpose of securing to the English Legislature in the last resource the absolute power to make any law for the government of Ireland, and therefore to repeal, or suspend, the Irish Constitution.

Technically these reservations of supremacy to the English Legislature were unnecessary, as it is an axiom of constitutional law that a sovereign Legislature, such as the Queen and two Houses of Parliament in England, cannot bind their successors, and consequently can repeal or alter any law, however fundamental, and annul any restrictions on alteration, however strongly expressed.  Practically they were never likely to be called into operation, as it is the custom of Parliament to adhere, under all but the most extraordinary and unforeseen circumstances, to any compact made by Act of Parliament between itself and any subordinate legislative body.  The Irish Legislature was subjected to the same controlling power which has for centuries been applied to prevent any excess of jurisdiction in our Colonial Legislatures, by a direction that an appeal as to the constitutionality of any laws which they might pass should lie to the Judicial Committee of the Privy Council.  This supremacy of the imperial judicial power over the action of the Colonial Legislatures was a system which the founders of the American Constitution copied in the establishment of their supreme Court, and thereby secured for that legislative system a stability which has defied the assaults of faction and the strain of civil war.

The Executive Government of Ireland was continued in her Majesty, and was to be carried on by the Lord Lieutenant on her behalf, by the aid of such officers and such Council as her Majesty might from time to time see fit.  The initiative power of recommending taxation was also vested in the Queen, and delegated to the Lord Lieutenant.  These clauses are co-ordinate and correlative with the clause conferring complete local powers on the Irish Legislature, while it preserves all imperial powers to the Imperial Legislature.  The Governor is an imperial officer, and will be bound to watch over imperial interests with a jealous scrutiny, and to veto any Bill which may be injurious to those interests.  On the other hand, as respects all local matters, he will act on and be guided by the advice of the Irish Executive Council.  The system is self-acting.  The Governor, for local purposes, must have a Council which is in harmony with the Legislative Body.  If the Governor and a Council, supported by the Legislative Body, do not agree, the Governor must give way, unless he can, by dismissing his Council, and dissolving the Legislative Body, obtain both a Council and a Legislative Body which will support his views.  As respects imperial questions, the case is different; here the last word rests with the mother country, and in the last resort a determination of the Executive Council, backed by the Legislative Body, to resist imperial rights, must be deemed an act of rebellion on the part of the Irish people, and be dealt with accordingly.

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Handbook of Home Rule from Project Gutenberg. Public domain.