authority, and subject, of course, to provisions prescribing—­(1) a time-limit for the initial arrangements; (2) the method of ascertaining Irish opinion; and (3) the majority in the Legislature, or in the electorate, or in both, necessary to sanction a constitutional change.[187] If a Home Rule Constitution, passed into law in the heat of a party fight at Westminster, proves to be perfect, a miracle will have been performed unparalleled in the history of the Empire.  At this moment a Committee of Ireland’s ablest men of all parties should be at work upon it, with an instructed public opinion behind them.  So only are good Constitutions made, and even the very best need subsequent amendment.

FOOTNOTES: 

[166] For details of prior Home Rule Bills, see the Appendix.

[167] The Victorian and South Australian Constitutions of 1855 state in clear terms that the Ministry must be members of the Legislature, and all the Australian Constitutions of the same date, except that of Tasmania, formally exclude all other officials from the Legislature.  The Transvaal Constitution of 1906 made no reference to either point; nor do the Federating Acts of 1867, 1900, and 1909 for Canada, Australia, and South Africa.

[168] A fifth custom, very common, of compelling new Ministers to seek re-election is incorporated in most of the Australian Constitutions, but was expressly ruled out in Section 47 of the Transvaal Constitution of 1906.

[169] See Hansard, July 3, 1893, Speech of Mr. John Morley.

[170] The words “subject to this Constitution” or “subject to this Act” are sometimes added, but have no special significance.  The Australian Commonwealth Constitution Act does not mention the Governor’s “instructions,” but only his “discretion.”

[171] British North America Act, 1867, Sects. 55-57; Commonwealth of Australia Constitution Act, 1900, Sects. 58-60.

[172] See especially pp. 213-229.

[173] See pp. 223-225.

[174] Taken from Amendment XIV. to the United States Constitution, passed July 28, 1866.

[175] British North America Act, 1867, Sect. 92 (13).  But the Province may not encroach on powers reserved to the Dominion—­e.g., in bankruptcy (Gushing v.  Depuy [before Jud.  Comm. of Privy Council]).  See the “Constitution of Canada,” J.E.C.  Munro, pp. 247-253.  There has been much litigation over points where Dominion and Federal powers overlapped.  (See “Federations and Unions of the British Empire,” H.E.  Egerton, pp. 151-153).

[176] For the proposals of the Bills of 1886 and 1893, see Appendix.

[177] South Africa Act, 1909, Sects. 24 and 25.

[178] See pp. 155-162.

[179] See Pamphlet No. 17, published by Proportional Representation Society, and an excellent paper by Mr. J.F.  Williams in “Home Rule Problems.”

[180] Cd. 5741, 1911, pp. 46-51.