(which is palpably untrue) is
to confuse together two distinct ideas, and is like arguing that because
no man can while he lives give up, do what he will, his freedom of
volition, therefore no man can commit suicide.

The Parliament of the United Kingdom, further, whilst because it is a
sovereign body it cannot impose any legal limit to the exercise of its
own power, may so express an intention to use or not to use its power in
a particular way as to excite expectations which it will be extremely
difficult or hazardous to disappoint, and so may find itself morally
fettered as to its subsequent legislative action.

A notorious instance, taken from our constitutional history, illustrates
this proposition. The statute 18 Geo. III. c. 12 declares in substance
that Parliament will not impose any tax on any colony in North America
or in the West Indies. The history of the statute is told by its
date--1778. Now no constitutional lawyer will contend that the
Parliament of the United Kingdom is legally bound by this Act. If
Parliament were to impose an income tax on Jamaica to-morrow the impost
would be legal, and could, no doubt, be enforced. But the Declaratory
Act of 1778 makes it morally impossible for Parliament to tax any
colony. That the impossibility does not arise from a law is clear,
because it applies with as much strength to colonies which do not fall
as to colonies which do fall within the terms of 18 Geo. III. c. 12.
Victoria is not a colony in North America or in the West Indies, but
Victoria is at least as well protected from Imperial taxation as is
Barbadoes. The so-called Act establishes not a rule of law, but a
precept of constitutional morality. It does not theoretically limit, but
it practically impedes and interferes with the legislative sovereignty
of Parliament.

Our Judge with these propositions fully before his mind would scan the
terms of the Gladstonian Constitution, or in other words of the Irish
Government Act. He would certainly come to the conclusion that the point
for his decision was one of great nicety. Against the validity of any
Act passed by the British Parliament in contravention of the provisions
of the Constitution could be adduced the precise and formal enactment,
passed, be it noted, by the undoubtedly sovereign Parliament of the
United Kingdom, that the Constitution should be alterable in one way,
and in one way only;[69] and if it were said that the body which passed
this enactment