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.

(i.) The British Parliament at Westminster, in which sit no Irish members, which legislates for Great Britain, and for the whole of the British Empire, except Ireland, but which does not in general at any rate legislate for Ireland.

(ii.) The Irish Parliament at Dublin, in which sit no British representatives, which legislates for Ireland, but does not legislate for England, Scotland, or for any other part of the British Empire, and does not have any voice whatever in the general policy of the Empire.

(iii.) The Imperial Parliament also sitting at Westminster, and comprising both the British and the Irish Parliament.  This body, which in composition corresponds nearly if not exactly with the existing Parliament of the United Kingdom, comes together only on special occasions and only for a special purpose, namely the revision or alteration of the Gladstonian Constitution.

That the existence of these three bodies, each normally exercising the different functions or powers I have attributed to them, constitutes an unmistakable, and I should myself say a fundamental, change in the existing English Constitution with its one sovereign Parliament of the United Kingdom, hardly in my judgment requires or admits of proof.  If the change be denied, I have no course but to leave the decision of the question whether such a change can be fairly ignored to the intelligence of my readers.[66]

The Gladstonian Constitution, if it worked in the way contemplated by its authors—­if everything, that is to say, went exactly as it was wished, and everybody acted exactly in the manner in which constitutionally they ought to act—­would provide a complicated but, as I have already said, most ingenious solution of the problem before us.  The British Parliament would sit at Westminster undisturbed by any Irish obstructives, and legislate for Great Britain and the whole British Empire in accordance with the wishes of the people of England and Scotland.  Not only would Irish obstruction vanish, but what is even better, the necessity of considering Irish questions at all would disappear.  English legislators would not be called upon to pay more attention to the affairs of Ireland than to the affairs of Canada or of New Zealand.  The Irish Parliament would take the whole burden of legislation for Ireland off our hands, and Irishmen if they did not like Irish laws would have nobody to complain of but Irish legislators.  But the Irish Parliament whilst it saved England from all trouble would, if the Constitution worked properly, give England no trouble whatever.  If Bills were proposed or Acts passed at Dublin in violation of the Constitution they would be pronounced void by the Privy Council, and all Ireland would at once acquiesce in the final decisions of that exalted tribunal.  If on the other hand the Irish House of Parliament were to pass enactments which though not unconstitutional were inexpedient, then foolish proposals would be

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