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.
of Ireland would, if a fair vote were taken, express their wish for Home Rule, as they might, probably, under similar conditions express their wish for separation.  The argument in hand, however, even when its basis is conceded, allows, according to the different meanings which it may bear, of different answers.  If taken in its most obvious sense, as asserting the absolute right of a majority among Irish electors to any concession with regard to Ireland which they are pleased to claim, it may be met by another formula of equal cogency or of equal weakness.  “The vast majority of the United Kingdom, including by the way a million or more of the inhabitants of Ireland, have expressed their will to maintain the Union.  Popular government means government in accordance with the will of the majority, and therefore according to all the principles of popular government the majority of the United Kingdom have a right to maintain the Union.  Their wish is decisive, and ought to terminate the whole agitation in favour of Home Rule.”  To any sensible person who has passed beyond the age of early manhood (for youths may without blame treat politics as a form of logic) neither of these formulas can present a sound ground from which to defend or impugn legislation which involves the welfare of millions.  The contradiction however between two formulas each of which if propounded alone would command the assent of a democratic audience is noteworthy.  This contradiction brings into prominence the consideration that the principle that the will of the majority should be sovereign cannot, whether true or false in itself, be invoked to determine a dispute turning upon the enquiry which of two bodies is the body the majority of which has a right to sovereignty.  The majority of the citizens of the United States were opposed to Secession, the majority of the citizens of the Southern States were in favour of Secession; the attempt to determine which side had right on its side by an appeal to the “sovereignty of the majority” involved in this case, as it must in every case, a petitio principii, for the very question at issue was which of two majorities ought, as regarded the matter in hand, to be considered the majority.

It would however be doing injustice to the argument from the will of the people to dispose of it by dwelling upon the logical inconsistencies inevitably involved in every attempt to determine a question of practical politics by the application to it of a priori dogmatism.  Formulas such as “the sovereignty of the people” often contain much solid truth hidden under an inaccurate and a too absolute form of expression.  The assertion that the wish of the Irish people is decisive as to the form of constitution to be maintained in Ireland covers two genuine and in themselves rational convictions.  The first is, that a body of human beings who feel themselves, in consequence of their inhabiting a common country, of their sharing a common history and the like, inspired

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