ew
tribunals; and the reference in the Bill to "due process of law" would
not necessarily secure trial by jury or by an impartial tribunal.[38]
It is said that legislation of this character would be subject to the
veto of the Crown. But that veto is to be exercised on the advice of the
Irish Ministry subject to any instructions given by the Sovereign; and
so long as an Irish Legislature is entitled to withhold Irish supply, a
veto against the advice of the Irish ministry would surely tend to
become impossible.
Again, it is said that an unjust law passed by the Irish Parliament
might be repealed by the Imperial Parliament. Doubtless the technical
right would exist, as in the case of the Colonies; but no one dreams
that, with "responsible" government existing in Ireland and Irish
representatives at Westminster, it would in practice be used. The
Imperial Government has never been known to interfere with the
legislation of a self-governing colony except where Imperial interests
are concerned, or where a fraud on the colony can be established;[39]
and the same rule would obtain in the case of Ireland.
Lastly, it is said that in the last resort there is the British Army.
But if the civil power in Ireland does not call in the military force,
how can the latter be used to enforce the law? Are the forces to be
controlled from England, and what is this but a counter revolution? It
is hardly worth while to liberate Ireland from the peaceful rule of the
Imperial Government in order to govern her by military force.
But in fact the so-called "safeguards" would not last. Professor
Dicey[40] and Professor Morgan,[41] writing from opposite sides of the
controversy, agree in holding that no colony would tolerate them for a
moment; and it is incredible that Ireland, with a Parliament of her own,
would submit to them for more than a few years.[42] Suppose the majority
of the Irish Legislature to grow weary of the "safeguards," and to
demand their repeal. The Imperial ministry might refuse, but the reply
of the Irish ministry (if in command of a majority in the Irish House of
Commons) would be to resign and to make the government of Ireland
impossible except by force. And if Ireland were still represented in the
Imperial Parliament, the new "sorrows of Ireland" would find eloquent
and insistent expression there. What, then, would England do? What could
she do, except, after a futile struggle, to give way? The truth is, that
if you p
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