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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 87 of 237 (36%)
Ireland the validity or constitutionality of an Irish Act can come into
question, the matter may, at the wish of any party concerned, and in
many cases apparently must be, brought before an Imperial or in effect
British Court--the Exchequer Judges--and be determined by them subject
to an appeal to another Imperial or British Court, viz. the Privy
Council. Note further that to the Exchequer Judges are given special
powers for the enforcement of any judgment of their Court. If the
Sheriff does not give effect to their judgment, they may appoint any
other officer with the full rights of a Sheriff to enforce it.[81]

Here then we have the machinery of the Imperial, or Federal, Judicature.
To put the matter simply, the Restrictions imposed on the Irish
Parliament depend for their effectiveness on judgments of the Privy
Council enforced by the Exchequer Judges.

Consider how the whole arrangement will work.[82] The theoretical
operation of the scheme is clear enough. _A_ sues _X_ in an Irish Court,
say, to simplify matters, before the Exchequer Judges, for £1,000 due to
_A_ for rent. _X_ bases his defence on an Act of the Irish Parliament,
drawn by Irish statesmen, and approved presumably by Irish electors. _A_
questions the constitutionality of the Act. The Exchequer Judges are
divided in opinion. The matter at last comes before the Privy Council.
The Privy Council pronounce the Act void, and give judgment in _A's_
favour. He has a right to recover the £1,000 from _X_. The whole
question in theory is settled. The law is unconstitutional, the law is
void; _A_ has obtained judgment. But can the judgment be enforced? This
is the essential question; for the object of a plaintiff is to obtain
not judgment but payment or execution. What then are the means for
enforcing the judgment of the Privy Council when it is not supported by
Irish opinion, when it sets aside an Act of the Irish Parliament, and
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