England's Case Against Home Rule by Albert Venn Dicey
page 93 of 286 (32%)
page 93 of 286 (32%)
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particular laws, would be called coercion.
An enactment, then, which in ordinary language is called a Coercion Act, has one or both of the two following characteristics.[25] It is an Act which either enforces some rule of law (e.g., the law that tenants must pay their rent, or that trades unionists must not molest artisans who accept lower wages than the scale prescribed by the union), which does not command the moral assent of the society or people among whom it is enforced, or else constrains obedience to law by some exceptional and arbitrary mode of procedure. Now the general prejudice against an Act which has either or both of these characteristics is within certain limits justifiable on grounds of good sense. Laws derive three-fourths of their force not from the fears of law-breakers, but from the assent of law-keepers; and legislation should, as a rule, correspond with the moral sentiment of the people. The maxim _quid leges sine moribus_, though it should always be balanced by the equally important maxim _quid mores sine legibus_, is one which no legislator dares neglect with impunity, and a law permanently at variance with wide moral feeling needs repeal or modification. It is also true that exceptional and arbitrary legislation is, simply because it is exceptional and arbitrary, open to suspicion. If it be desirable that personal liberty should be protected by the writ of Habeas Corpus, a suspension of the Habeas Corpus Act is on the face of it an evil. If it is not desirable that officers of the army should suddenly and without legal training exercise the power of judges, the establishment of martial law is in itself a great, though it may be a necessary calamity. Legislation, which has received the odious name of coercion, has frequently (though not always) exhibited one or both of the characteristics which render it fairly obnoxious to that designation. The objection, therefore, to Coercion Acts is on the face of it not unreasonable. What are the |
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