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 84 of 237 (35%)
page 84 of 237 (35%)
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home the conviction that no man need keep a covenant when the keeping
thereof is to his own damage.' This is the message of political morality which the last true Parliament of the United Kingdom hands over to the first new Parliament of Ireland. II. _Their Enforcement._ The nature of the Restrictions imposed upon the Parliament, and indirectly upon the Government of Ireland, is of far less importance than are the means provided for their enforcement. A law which is not enforceable is a nullity; it has in strictness no existence. The methods provided by the Home Rule Bill for keeping the Irish Parliament within its proper sphere of legislative activity are two in number--the veto of the Lord Lieutenant, and the action of the Courts. _The Veto._ This is little more than an empty sham, for it must in general be exercised on the advice of the Irish Cabinet; in other words it will never be exercised at all.[73] Were the matter not so serious there would be something highly amusing in the conduct of constitution-makers who, intending to provide against unconstitutional legislation on the part of the Irish Parliament, provide that the Irish Cabinet, who are practically appointed by the Irish Parliament, and who direct its legislation, shall have power to veto Bills passed by the Irish Parliament presumably on the advice of the Irish Cabinet. The English Ministry no doubt may, if they see fit, instruct the Lord Lieutenant to veto a given Bill. So also the Imperial Parliament has authority to repeal or override any Act, constitutional or unconstitutional, passed by the Irish Parliament. Each power stands on the same footing, neither is meant for ordinary use; either is a means |
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