course of things, have no more
to do with the administration of affairs in Ireland than it has to do
with the administration of affairs in New Zealand. The Irish, not the
British, Cabinet will decide what are the steps to be taken for the
protection throughout Ireland of the rights of property or of personal
liberty; the Irish and not the English Cabinet will determine by what
means the payment of rent is to be enforced; the Irish and not the
English Cabinet will decide what persons are to be prosecuted for crime;
the Irish and not the English Cabinet will determine whether the means
for enforcing the punishment of crime are adequate, and whether
Ireland, or some part of Ireland, say Belfast, requires to be governed
by means of a Coercion Act; the Irish and not the English Cabinet will
decide with what severity wrong-doers are to be punished, and whether,
and under what circumstances, convicted criminals deserve either pardon
or mitigation of punishment.
It is patent that under the new constitution the Irish Parliament and,
under ordinary circumstances, the Irish Parliament alone will legislate
for Ireland. For the Irish Parliament can, subject to certain
Restrictions,[13] pass any law whatever 'for the peace, order and good
government of Ireland, in respect of matters exclusively relating to
Ireland or some part thereof'[14]; and, subject to the same
Restrictions, may repeal any law which, before the Home Rule Bill
becomes law, is in force in Ireland. Under the new constitution the
Irish Parliament and not the Imperial Parliament will, it is clear, as a
rule legislate for Ireland. Under the new constitution the Irish
Parliament may enact a Coercion Act, applying say to Ulster, or may
repeal the existing Crimes Act. It may abolish trial by jury[15]
altogether, put any restraints it sees fit on the liberty of the press,
or introduce a system of administrative law like that which exists in
France, but is totally foreign to English notions of jurisprudence.
Under the new constitution, again, the financial relations of Great
Britain and Ireland are made the subject of an elaborate arrangement
which may fairly be called a contract[16]. Ireland takes over certain
charges[17], and speaking very generally, whilst all the duties of
customs levied in Ireland are collected by and paid over to the
Exchequer of the United Kingdom, as Ireland's contribution to Imperial
expenditure, all the other taxes are, as a general rule, paid
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