The Irish Parliament might lawfully pass laws opposed to the whole tenour of British legislation, such, for instance, as an Act preventing particular classes of foreigners, or even of Englishmen, from settling in Ireland.  The Irish Parliament could not, on the other hand, pass any law for the establishment or the endowment of religion.  Hence Ireland could not, in imitation of England and Scotland, provide herself with an established Church, nor could she again pass any law relating to volunteers.  She could not therefore take steps for the defence of the country, which are permissible to Victoria or Canada.

The observance of these limitations on the Parliament’s power of legislation is enforced by a twofold method:  first, by the veto of the Lord-Lieutenant;[58] secondly, by the special authority given to the Judicial Committee of the English Privy Council.[59]

The Lord-Lieutenant can, after the manner of a Colonial Governor, refuse the Royal assent to any bill passed by the Irish House of Parliament.[60] It would rather appear (though this is by no means certain) that a Bill passed by the Irish Parliament might, even though the Lord-Lieutenant assented thereto, be like the Bill of a Colonial legislature, disallowed by the Crown, or in effect by the English Ministry.[61]

The Judicial Committee of the English Privy Council, with the addition of certain members, who must be, or have been, Irish Judges, exercises under the Gladstonian Constitution a very peculiar authority in respect of Irish legislation.  It becomes both an administrative and a judicial body.

As an administrative body it can give a decision as to the constitutional validity of any Bill brought before or Act passed by, the Irish Parliament.  In its judicial character it is a court of final appeal, with exclusive power to pronounce a decision upon the validity of an Act of the Irish Parliament whenever the validity thereof comes in question in the course of an action.[62] The decisions of the Privy Council are final; their twofold character as opinions and judgments deserve special attention.  The result is that the Judicial Committee of the English Privy Council can always in one way or another pronounce void the proposed or actual legislation of the Irish Parliament if it is in the judgment of the Privy Council unconstitutional.

Ireland in return for the advantages gained by her under the Gladstonian Constitution gives up the representation which she now has in each of the two Houses of the Parliament of the United Kingdom.  No Irish representative, either Peer or Commoner, sits under that Constitution at Westminster.[63] The present Parliament of the United Kingdom under whatever name it be described, and whatever be its powers, becomes therefore on the withdrawal of the Irish representatives a British Parliament, and is hereinafter termed by me, for the sake of distinction, the British Parliament.  Ireland also contributes annually to the Consolidated Fund of the United Kingdom a sum of over four millions.  The Irish customs and excise are made the security for the payment of this contribution; they are, if I understand the Government of Ireland Bill rightly, to be collected by British officials and paid into the British Treasury, but the details of the financial arrangements intended to exist under the Gladstonian Constitution are not within the scope of this work.