coming into conflict with any State. They determine the rights of
individuals; they do not determine directly what may be the legislative
competence of the State, or for that matter of the Federal,
Legislature.[77] The extraordinary power given to the Privy Council
violates a fundamental principle of federalism, which by the way is
violated in other parts of the Home Rule Bill. It brings, or tends to
bring, the central power, represented in this case by the Privy Council,
into direct conflict with one of the States of the Federation.[78]

The English Privy Council, or, in strictness, the Judicial Committee of
the Privy Council, is under the new constitution constituted a Final
Court of Appeal from every Court in Ireland.[79]

The Privy Council also is the Court of Appeal from a new kind of
Imperial, or as one may say 'Federal,' judiciary, specially formed for
the determination of matters having relation to the competence of the
Irish Parliament.

This Imperial or Federal judiciary consists of the two Exchequer Judges
of the Supreme Court in Ireland; they are appointed under the Great Seal
of the United Kingdom, and therefore by the English Ministry. Their
salaries are charged on the Consolidated Fund of the United Kingdom, and
they are removable only on an address to the Houses of the Imperial
Parliament. They constitute therefore an Imperial not an Irish Court.
Before this Court may be brought on the application of any party thereto
any legal proceedings in Ireland which _inter alia_ 'touch any matter
not within the power of the Irish Legislature, or touch any matter
affected by a law which the Irish Legislature has not power to repeal or
alter.'[80] With the details of these arrangements I need not trouble my
readers; the point to notice is that, whenever in any proceeding in