A Leap in the Dark - A Criticism of the Principles of Home Rule as Illustrated by the - Bill of 1893 by Albert Venn Dicey
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page 19 of 237 (08%)
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very bases of the existing constitution of England.
The present constitution of the United Kingdom is marked and has long been marked by two essential characteristics, the one positive and the other negative. The positive characteristic is the absolute and effective authority of the Imperial Parliament throughout the length and breadth of the United Kingdom. To this characteristic Englishmen are so accustomed that they hardly recognise its full importance. A government may make its power felt in three different ways--by the action of the Executive, including under that head all the agents of the Executive, such as the judiciary and the armed forces--by legislation--and by the levying of taxes. Take any of these tests of authority, and it will be found that the British Parliament is not only theoretically, but actually and effectively, supreme throughout the whole of Great Britain and Ireland. The Cabinet is virtually appointed by the Houses of Parliament; the army, the judges, the magistracy, all officials who throughout the country exercise executive power in any form whatever are directly or indirectly appointed by Parliament, and hold office subject to the will of Parliament Of the legislative authority of Parliament as regards the United Kingdom it is scarcely necessary to speak. Any law affecting the United Kingdom not only lawfully may, but can in fact, be changed by the Imperial Parliament. Of the unlimited legislative authority ascribed to, and exercised by, Parliament in the United Kingdom the Home Rule Bill itself is sufficient evidence; and the Gladstonian Ministry, at any rate, see no reason why Parliament should not within the course of a few weeks remodel the fundamental laws of the realm. The right to impose |
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