The new constitution, lastly, places in the hands of the Irish people ample means for constitutional or extra-constitutional resistance to Imperial, or in fact to English, power, and almost ensures the success of Ireland in any constitutional conflict.  The presence of the Irish members at Westminster saves, or proclaims, the nominal sovereignty of the Imperial Parliament; but their presence in truth makes this sovereignty unexercisable, and therefore worthless, and while increasing the apparent power ensures the real weakness of England.

FOOTNOTES: 

[25] Thus little, if anything, is said in these pages on the constitution of the Irish Legislature, though it is in several points, and especially in the character of the Legislative Council, open to grave criticism.  Little, again, is said of the financial arrangements in their fiscal character.  The topic is of the highest importance, but it must be debated in the main by experts.  My remarks upon these arrangements refer almost exclusively to the way in which they may affect the working of the constitution.  The inclusion of Ulster within the operation of the Bill and the refusal to give weight to the demand of Ulster that the Act of Union should not be touched, are of course matters of primary importance.  They ought never to be distant from the thoughts of any one concerned with the policy or impolicy of Home Rule; they dominate, so to speak, the whole political situation; they are constantly referred to in these pages; but they do not form part of the new constitution so much as conditions which affect the prudence or justice of creating the new constitution.

[26] Bill, 1893, Preamble, and clauses 33, 37.

[27] The language of clause 33 is vague, but, according to the best interpretation I can put upon it, its effect as to laws made for Ireland after the Home Rule Bill becomes law will be this:  The Imperial Parliament will be able to pass enactments of any description whatever with regard to Ireland, and the Irish Legislature will not be able to repeal or alter any enactments so enacted by the Imperial Parliament which are expressly extended to Ireland.  Thus the Irish Parliament might, it is submitted, on the Home Rule Bill passing into law repeal the Criminal Law and Procedure (Ireland) Act, 1887, 50 & 51 Vict. c. 20.  But if, after the Home Rule Bill passed into law, the Criminal Law and Procedure (Ireland) Act, 1887, were continued, or after its repeal by the Irish Parliament were re-enacted, by the Imperial Parliament, then the Irish Parliament could not repeal the Act or any part of it.  Still clause 33 of the Home Rule Bill is much too vaguely expressed.  What, for example, is the effect of an Act of the Imperial Parliament which is ‘impliedly’ extended to Ireland?  If my interpretation of the clause is the right one, the meaning of the clause ought to be made perfectly clear; ambiguity in such a matter is unpardonable.