England's Case Against Home Rule eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 289 pages of information about England's Case Against Home Rule.

England's Case Against Home Rule eBook

A. V. Dicey
This eBook from the Gutenberg Project consists of approximately 289 pages of information about England's Case Against Home Rule.

It means, therefore, the creation of an Irish Parliament which shall have legislative authority in matters of Irish concern, and of an Irish executive responsible (in general) for its acts to the Irish Parliament or the Irish people.  Hence every scheme of Home Rule which merits that name is marked by three features—­first, the creation of an Irish Parliament; secondly, the right of the Irish Parliament to legislate within its own sphere (however that sphere may be defined) with habitual freedom from the control of the Imperial or British Parliament; and thirdly, the habitual responsibility of the Irish executive for its acts to the Irish people or to their representatives.

These three characteristics, which I do not attempt to define with anything like logical precision, constitute the essence of Home Rule.  Other things, however important in themselves, are matters of subordinate detail, and open to discussion or compromise.  The limitations to the sphere within which the Irish Parliament is to exert independent authority, the definition of the term “Irish concerns,” the constitution of the Irish Parliament, the nature and appointment of the Irish executive (which, though it is no doubt generally assumed to be a Cabinet chosen in effect like the Victorian Ministry, by the local Parliament, might well, and indeed far better, be a President or Council elected, like the Governor of New York, by popular vote), the occasions on which the British Parliament should retain the legal or moral right of legislation for Ireland—­these and a score of other subjects which at once suggest themselves to a critic of constitutions are of supreme importance, but in whatever way they may be determined, they do not touch the principle of Home Rule.  A scheme, on the other hand, however wise its provisions, which lacked the essential characteristics already enumerated, would not meet the demand for Home Rule; an Act which did not constitute a Parliament for Ireland could not possibly satisfy the sentiment of Irish nationality; an Irish Parliament which did not habitually, at any rate, legislate with independence of the Parliament at Westminster could not divest the law in Ireland of its “foreign garb”; an executive not responsible directly or indirectly to the Irish people could not give full effect to the legislation of an Irish Parliament, and the existence of such an executive would (if the true ground why law is hated in Ireland be its alien character) only divert popular hostility from the law to the government.

[Sidenote:  What Home Rule does not mean.]

Home Rule does not mean Local Self-Government; Home Rule does not mean
National Independence.

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England's Case Against Home Rule from Project Gutenberg. Public domain.