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.

“(3.) Abrogating or derogating from the right to establish or maintain any place of denominational education or any denominational institution or charity; or

“(4.) Prejudicially affecting the right of any child to attend a school receiving public money without attending the religious instruction at that school; or

“(5.) Impairing, without either the leave of Her Majesty in Council first obtained on an address presented by the legislative body of Ireland, or the consent of the corporation interested, the rights, property, or privileges of any existing corporation incorporated by royal charter or local and general Act of Parliament; or

“(6.) Imposing or relating to duties of customs and duties of excise, as defined by this Act, or either of such duties, or affecting any Act relating to such duties or either of them; or

“(7.) Affecting this Act, except in so far as it is declared to be alterable by the Irish Legislature.”

These restrictions differ from the exceptions, inasmuch as they do not prevent the Legislature of Ireland from dealing with the subjects to which they refer, but merely impose on it an obligation not to handle the specified matters in a manner detrimental to the interests of certain classes of Her Majesty’s subjects.  For example, restrictions 1 to 4 are practically concerned in securing religious freedom; restriction 5 protects existing charters; restriction 6 is necessary, as will be seen hereinafter, to carrying into effect the financial scheme of the bill; restriction 7 is a consequence of the very framework of the Bill:  it provides for the stability of the Irish constitution, by declaring that the Irish Legislature is not competent to alter the constitutional act to which it owes its existence, except on those points on which it is expressly permitted to make alterations.

Clause 5 is an exposition, so to speak, of the consequence which would seem to flow from the fact of the Queen being a constitutional part of the Legislature.  It states that the royal prerogatives with respect to the summoning, prorogation, and dissolution of the Irish legislative body are to be the same as the royal prerogatives in relation to the Imperial Parliament.  The next clause (6) is comparatively immaterial; it merely provides that the duration of the Irish legislative body is to be quinquennial.  As it deals with a matter of detail, it perhaps would have more aptly found a place in a subsequent part of the Bill.  Clause 7 passes from the legislative to the executive authority; it declares:—­

(1.) The executive government of Ireland shall continue vested in Her Majesty, and shall be carried on by the Lord Lieutenant on behalf of Her Majesty with the aid of such officers and such council as to Her Majesty may from time to time seem fit.

(2.) Subject to any instructions which may from time to time be given by Her Majesty, the Lord Lieutenant shall give or withhold the assent of Her Majesty to bills passed by the Irish legislative body, and shall exercise the prerogatives of Her Majesty in respect of the summoning, proroguing, and dissolving of the Irish legislative body, and any prerogatives the exercise of which may be delegated to him by Her Majesty.

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Handbook of Home Rule from Project Gutenberg. Public domain.