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.
that there should be safeguards for the minority; and, fifthly, that it should be in the nature of a settlement, and not of a mere provocation to the revival of fresh demands, which, according to the right hon. gentleman, exceeded all reasonable expectation and calculation.” (Speech of Mr. Gladstone, 13th April, 1886, ‘The Times Parliamentary Debates,’ p. 256.) Let it be observed that when Mr. Gladstone speaks of the unity of the Empire he means the sovereignty of Parliament, for in the same speech from which these extracts are taken he says, “The unity of the Empire rests upon the supremacy of Parliament and on considerations much higher than considerations merely fiscal.” (’The Times Parliamentary Debates,’ p. 132.)

[32] Dicey, ‘Law of the Constitution,’ lecture iv.  Parliamentary Sovereignty and Federalism.

[33] A singular instance of the attempt to dissolve a country into States deserves notice.  In 1852 a constitution was devised for New Zealand, under which the country was to be governed by a central legislature and subordinate provincial governments and councils.  This artificial federation was of short duration; the provincial governments were in 1875 abolished by an Act of the General Assembly.—­Todd, ‘Parliamentary Government,’ pp. 320-322.

[34] See Dicey, ‘Law of the Constitution,’ 2nd ed., pp. 35-79.

[35] Contemporary Review, vol. xii., p. 908.

[36] Contemporary Review, vol. xli., p. 921.

[37] ‘Mr. Gladstone’s Irish Constitution,’ Contemporary Review, May, 1886, p. 616.

[38] ‘Arguments for and against Home Rule,’ by the Rev. Malcolm MacColl, M.A., p. 71.

[39] ‘The Irish Question,’ by the Right Hon. W.E.  Gladstone, pp. 36, 37.

[40] ‘American Home Rule,’ by E.L.  Godkin, Nineteenth Century, June, 1886, pp. 793, 802.

[41] See Todd, ‘Parliamentary Government in the British Colonies,’ pp. 274-303, and especially p. 281, as to the position of the colonial troops in Victoria.

[42] See Tarring, ‘Chapters on the Law relating to the Colonies,’ pp. 79-85.

[43] See Dicey, ‘Law of the Constitution,’ pp. 105, 106.

The somewhat complicated principles which govern what is popularly called the right of veto on Bills passed by Colonial Legislatures, are thus stated in the ‘Rules and Regulations’ published for the use of the Colonial Office, Chapter III., Legislative Councils and Assemblies, Rules 48-55:—­

“48.  In every Colony the Governor has authority either to give or to withhold his assent to laws passed by the other branches or members of the Legislature, and until that assent is given no such law is valid or binding.

“49.  Laws are in some cases passed with suspending clauses; that is, although assented to by the Governor they do not come into operation or take effect in the Colony until they shall have been specially confirmed by Her Majesty, and in other cases Parliament has for the same purpose empowered the Governor to reserve Laws for the Crown’s assent, instead of himself assenting or refusing his assent to them.

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