A Leap in the Dark - A Criticism of the Principles of Home Rule as Illustrated by the - Bill of 1893 by Albert Venn Dicey
page 39 of 237 (16%)
page 39 of 237 (16%)
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an Act modifying or repealing the terms of the Home Rule Bill itself. If
this is the meaning of the expression 'supreme authority of Parliament,' the Imperial Parliament will, after the passing of the Home Rule Bill, stand in substance in the relation to Ireland which Parliament occupies towards any important self-governing colony, such as is the Canadian Dominion or New Zealand. The Irish Executive and the Irish Parliament will on this view constitute the real substantial government of Ireland, just as the Ministry and the Parliament of New Zealand constitute the real and substantial government of New Zealand. No doubt the Imperial Parliament will retain the theoretical right to legislate for Ireland, _e.g._ to pass an Irish Coercion Act, just as Parliament retains the theoretical right to legislate for New Zealand or Canada. So the Imperial Parliament has the legal right to repeal or override any law passed by the New Zealand Parliament, to tax the inhabitants of New Zealand, or finally, by the repeal of the New Zealand Constitution Act, 1852, 15 & 16 Vict. c. 72, to abolish the constitution of New Zealand altogether. But these things Parliament will not, and to speak truly cannot, do in New Zealand. The inhabitants of New Zealand possess as regards their internal affairs for practical purposes complete independence. They are governed from Wellington, they are not governed from Westminster. If in short the supremacy of Parliament means under the Home Rule Bill in Ireland what it means under 15 & 16 Vict. c. 72 in New Zealand, the inhabitants of Ireland will, when the Home Rule Bill passes into law, be governed from Dublin, they will not be governed from Westminster. Every Irish Home Ruler, be he Parnellite or Anti-Parnellite,[29] believes that the supremacy of Parliament is intended to mean in Ireland what it means in New Zealand, and the Irish Home Rulers are right. Any one will see that this is so who reflects on the meaning of the policy of Home Rule, who studies the authoritative utterances of Gladstonian leaders, such as Mr. Gladstone[30] himself, |
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