is, that the new constitution offered to us for
acceptance is unknown to any other civilised country. Parts of it are
borrowed from the United States; some of its provisions are imported
from the British colonies, whilst others are apparently the inventions
of the unknown and irresponsible Abbe Sieyes, who is the ingenious
constitution-maker of the Cabinet. But the new polity as a whole
resembles in its essence neither the American Commonwealth nor the
Canadian Dominion, nor the Government either of New Zealand or of any
other self-governing colony. It is an attempt--its admirers may think an
original and ingenious attempt--to combine the sovereignty of an
Imperial Parliament with the elaborate limitation and distribution of
powers which distinguish federal government. The whole thing is an
experiment and an experiment without precedent. Its novelty is not its
necessary condemnation, but neither on the other hand is innovation of
necessity the same thing as reform. The institutions of an ancient realm
are not exactly the _corpus vile_ on which theorists hard pressed by the
practical difficulties of the political situation can be allowed to try
unlimited experiments. We are bound to scrutinise with care every
provision of this brand-new polity. We are bound to consider what will
be their effect according to the known laws of human nature and under
the actual circumstances of the time. It is vain to tell us that many of
our institutions remain untouched. The introduction of new elements into
an old political system may revolutionise the whole; the addition of new
cloth to an old garment may, we all know, rend the whole asunder. There
is no need for panic; there is the utmost need for prudence.
FOOTNOTES:
[5] References made in this treatise to the Home Rule Bill are, unless
otherwise stated, made to the Bill as ordered to be printed by the House
of Commons, February 17, 1893. _A Leap in the Dark_ was published months
before the Bill was sent up as amended to the House of Lords.
[6] This is true of both of Mr. Gladstone's Home Rule Bills, and must
necessarily be true of any Bill which satisfies even for a time the
wishes of Home Rulers.
[7] I have substituted New Zealand for Victoria as the example of a
typical self-governing colony; the position of Victoria has since 1900
been complicated by the country having become a State of the Australian
Commonwealth or Confederation.
[8] See Dicey, _Law of Constitution_ (
|