7th ed.), ch. iii. pp. 136-140.
Compare Mill, _Rep. Government_, ch. xvii.
[9] For the sake of convenience I throughout this treatise refer to the
'Bill to amend the provision for the government of Ireland' under its
popular name of the Home Rule Bill, 1893, or simply the Bill. See the
Bill in Appendix.
[10] Bill, clause 5.
[11] (The constitutional history of Victoria affords a curious
illustration of what will certainly happen in Ireland.) In Victoria the
Legislature, though not termed a Parliament in the Constitution Act, 18
& 19 Vict, c. 54, has assumed, under a Victorian Act, the title of the
Parliament of Victoria. See Jenks, _Government of Victoria_, p. 236. Who
can doubt that the Irish Legislature will, by an Irish Act, give itself
the title of the Parliament of Ireland? I have therefore throughout
these pages called the Irish Legislature the Irish Parliament. Few
things are more absurd and more noteworthy than the deliberate refusal
of English Gladstonians to call the Irish Parliament by its right name.
They are willing to create an Irish Parliament; they are not willing to
admit that they have created it. See debates of May 9, in _The Times_,
May 10, 1893.
[12] See Bill, clauses 19, 27, 28, 30.
[13] Bill, clauses 3, 4.
[14] Bill, clause 2.
[15] This will perhaps be disputed. Trial by jury, it will be said, is
saved by the expression 'due process of law,' in clause 4, sub-clause
(5). But this contention is, in my judgment, unfounded, and its validity
must in any case be held open to extreme doubt.
[16] See Bill, clauses 10-19, and note especially clause 12, sub-clause
(I).
[17] _Ibid_, clauses 14-16.
[18] _Ibid_, clause 12, sub-clause (3).
[19] I am aware that to this statement moderate Gladstonians may take
exception. What may be the effect of the preamble which reserves the
supreme authority of Parliament or of Bill, clause 33, which recognises
the right of the Imperial Parliament to legislate for Ireland will be
most conveniently considered in the next chapter. In this chapter, be it
noted, I am concerned only with the constitution as it is intended to
work, and most Gladstonians will admit that as long as the Government of
Ireland, including in that expression both the Cabinet and the
Parliament, keeps within the terms of the Act, it is not intended that
the British Cabinet or Parliament shall, except in certain excepted
cases, intervene in Irish affairs.
[20] All the provisions
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