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.

At length, after the election of 1885, Mr. Gladstone and the majority of his followers came to the conclusion that an opportunity had presented itself for providing Ireland with a Constitution conferring on the people of that country the largest measure of self-government consistent with the absolute supremacy of the Crown and the Imperial Parliament and the entire unity of the Empire.  A scheme was proposed which was accepted in principle by the representatives of the National party in Ireland as a fair and sufficient adjustment of the Imperial claims of Great Britain and the Local claims of Ireland.  The scheme was shortly this.  A Legislative Assembly was proposed to be established in Ireland with power to make all laws necessary for the good government of Ireland—­in other words, invested with the same powers of local self-government as a colonial Assembly.  The Irish Assembly was in one respect unlike a colonial Legislature.  It consisted of one House only, but this House was divided into two orders, each of which, in case of differences on any important legislative matter, voted separately.  This form was adopted in order to minimize the chances of collision between the two orders, by making it imperative on each order to hear the arguments of the other before proceeding to a division, thus throwing on the dissentient order the full responsibility of its dissent, with a complete knowledge of the consequences likely to ensue therefrom.  The clause conferring on the Irish Legislature full powers of local self-government was immediately followed by a provision excepting, by enumeration, from any interference on the part of the Irish Legislature, all Imperial powers, and declaring any enactment void which infringed on that provision.  This exception (as is well known) is not found in colonial Constitutional Acts.  In them the restriction of the words of the grant to Local powers only has been held sufficient to safeguard the supremacy of the British Parliament and the unity of the Empire.  The reason for making a difference in the case of the Home Rule Bill was political, not legal.  Separation was declared by the enemies of the Bill to be the real intention of its supporters, and destruction of the unity of the Empire to be its certain consequence.  It seemed well that Ireland, by her representatives, should accept as a satisfactory charter of Irish liberty a document which contained an express submission to Imperial power and a direct acknowledgment of Imperial unity.  Similarly with respect to the supremacy of the British Parliament.  In the colonial Constitutions all reference to this supremacy is omitted as being too clear to require notice.  In the case of the Irish Home Rule Bill instructions were given to preserve in express words the supremacy of the British Parliament in order to pledge Ireland to an express admission of that supremacy by the same vote which accepted Local powers.  It is true that the wording by the draftsman of the

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Handbook of Home Rule from Project Gutenberg. Public domain.