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.

The enquiry then is whether under the Gladstonian Constitution the legislative supremacy of the British Parliament is or is not morally and in fact impaired?  It is extremely difficult to see how any candid person can answer this question except by the admission that for all practical purposes, and except on possible but very extreme occasions, the right of the British Parliament to legislate for Ireland is morally not only impaired but destroyed.  The supporters of the Government of Ireland Bill have admitted again and again that it constitutes what they term a Parliamentary compact; it embodies, in other words, a solemn contract between Great Britain and the people of Ireland that the British Parliament, whatever be its legal power, shall not legislate about Irish affairs without summoning Irish representatives to share in its deliberations.  This covenant is made for great and valuable consideration, namely, the withdrawal of the Irish representatives from the Parliament of the United Kingdom, and the consequent acquisition by the British Parliament of power to legislate not only on every British but on every Imperial concern without consulting the wishes of the Irish people.  This is in a moral point of view little less than a treaty; it is an engagement which England could not break, or incur the imputation of breaking, without dishonour.  With all this every man of sense and of honour agrees; but if this be so, it is impossible to see how any one can maintain that this Parliamentary compact does not morally impair, as far as Ireland is concerned, the sovereignty or legislative supremacy of the British Parliament.  It may be doubted whether the most earnest Gladstonian really and seriously maintains that under the Gladstonian Constitution the British Parliament sitting at Westminster could or ever would legislate for Ireland in contravention at any rate of the patent and apparent meaning of the Constitution.  All that is really maintained is that the British Parliament would retain a legal power of doing that which would never be done by it.  There is, however, it is suggested, convenience in retaining a nominal sovereignty which is not intended for real use.  Convenience there may be, but there is also immense danger.  The Irish Parliament we will suppose acts in a way which is most annoying to England, but the Irish Parliament at the same time takes care not to violate a line of the Constitution.  The temptation to use our sovereign authority is great, and likely enough may prove irresistible; yet if we use it every Irishman, and many Englishmen for that matter, will accuse England of bad faith.  No doubt a breach of the Constitution by the Irish Parliament might be remedied by the use of the sovereignty reserved to the British Parliament.  But it is difficult even then to see the great advantage of this reservation.  In any case in which England would be morally justified in setting aside the terms of the high Parliamentary contract, she would be equally justified in suspending

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