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%)
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 |
|