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.
years free from coercion, while in the fifty-three years since that period there have been only two years entirely free from special repressive legislation.  So much, therefore, is clear, that Irish discontent at not being allowed to manage their own affairs has gradually increased instead of diminishing.  The conclusion then would seem irresistible, that if coercion has failed, the only practical mode of governing Ireland satisfactorily is to give the people power to manage their local affairs.  Coming, then, to the principle of the Bill, the first step is to reconcile local government with Imperial supremacy, in other words, to divide Imperial from local powers; for if this division be accurately made, and the former class of powers be reserved to the British Crown and British Parliament, while the latter only are intrusted to the Irish Parliament, it becomes a contradiction in terms to say that Imperial unity is dissolved by reserving to the Imperial authority all its powers, or that Home Rule is a sundering of the Imperial tie when that tie is preserved inviolable.  Imperial powers, then, are the prerogatives of the Crown with respect to peace and war, and making treaties with foreign nations; in short, the power of regulating the relations of the Empire towards foreign nations.  These are the jura summi imperii, the very insignia of supremacy; the attributes of sovereign authority in every form of government, be it despotism, limited monarchy, or republic; the only difference is that in a system of government under one supreme head, they are vested in that head alone, in a federal government, as in America or Switzerland, they reside in the composite body forming the federal supreme authority.  Various subsidiary powers necessarily attend the above supreme powers; for example, the power of maintaining armies and navies, of commanding the militia, and other incidental powers.  Closely connected with the power of making peace and war is the power of regulating commerce with foreign nations.  Next in importance to the reservations necessary to constitute the Empire a Unity with regard to foreign nations, are the powers required to prevent disputes and to facilitate intercourse between the various parts of the Empire.  These are the coinage of money and other regulations relating to currency, to copyright or other exclusive rights to the use or profit of any works or inventions.  The above subjects must be altogether excluded from the powers of the subordinate legislature; it ceases to be subordinate as soon as it is invested with these Imperial, or quasi-Imperial, powers.

Assuming, however, the division between Imperial and local powers to be accurately determined, how is the subordinate legislative body to be kept within its due limits?  The answer is very plain,—­an Imperial court must be established to decide in the last resort whether the subordinate legislature has or has not infringed Imperial rights.  Such a court has been in action in the United States of America ever since their union, and no serious conflict has arisen in carrying its decisions into effect, and the Privy Council, acting as the Supreme Court in respect to Colonial appeals, has been accepted by all the self-governing colonies as a just and impartial expositor of the meaning of their several constitutions.

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Handbook of Home Rule from Project Gutenberg. Public domain.