England's Case Against Home Rule by Albert Venn Dicey
page 60 of 286 (20%)
page 60 of 286 (20%)
|
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 _à 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 with a feeling of common nationality, have, if not a right, at lowest a strong claim to be governed as a separate nation. This is the doctrine of nationality which, be it noted, though often confused with, is at bottom different from, the dogma of the supremacy of the majority. That the doctrine of nationality is, when reasonably put, conformable with obvious principles of utility may be readily admitted; but it is a doctrine which can only be accepted with considerable qualifications. Its validity was denied both theoretically and practically, and, in the judgment of most English democrats, not to say of most European Liberals, denied justly and righteously by the |
|