A Leap in the Dark by A.V. Dicey


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Page 1

A.V. DICEY.

OXFORD: _May_ 1893.




CONTENTS


CHAPTER I
OLD AND NEW CONSTITUTION

Home Rule Bill a New Constitution for United Kingdom, p. 1.--The present
constitution, p. 2: 1. Effective authority of Parliament throughout
United Kingdom, p. 2: Distinction between supremacy of Parliament in
United Kingdom and supremacy of Parliament in Colonies, p. 4: 2. Absence
of federalism, p. 6: The New Constitution, p. 8: 1. Abolition in Ireland
of effective authority of Imperial Parliament, ib.: 2. Introduction of
federalism, p. 13.--Features of federalism, p. 15: Restrictions on Irish
(State) Parliament, ib.: Imperial (federal) Parliament, ib.: Means for
enforcement of federal compact, ib.: Recognition of federal spirit, p.
17.--Importance of change in constitution, p. 19.--The New Constitution
an unknown constitution, p. 19.


CHAPTER II
THE NEW CONSTITUTION

The four essential characteristics of the New Constitution, p.
21.--Supremacy of Parliament maintained, p. 22.--What is meaning of
supremacy of Imperial Parliament? p. 23: What it does not mean, ib.:
What it does mean, p. 24.--Real effect of reserved supremacy, p.
28.--Peril arising from ambiguity of supremacy of Parliament, p.
30.--Retention of Irish members at Westminster, p. 32.--Change of
Gladstonian opinion, p. 33.--Presence of the Irish members involves ruin
to Ireland, pp. 33, 34.--Mr. John Morley's opinion, p. 39.--Weakness of
England, p, 41. Mr. Morley's opinion, p. 41.--Manner in which England
weakened, p. 43: 1. Irish vote determines composition of British
Cabinet, ib.: 2. System of Cabinet Government destroyed, p. 45: 3. Irish
members changed into an Irish delegation, p. 46: 4. British Parliament
not freed from Irish questions, p. 47.--Inducements to accept plan, p.
48.--Maintenance of Imperial supremacy, p. 49.--English management of
English affairs, ib.--England does not really obtain management of
English affairs, ib.--Minority tempted to unfairness, p. 51.--Minority,
without intentional unfairness, may be oppressive, p. 52.--Plan of
retaining Irish members for all purposes, p. 53.--Comparison with power
hitherto held by or offered to Great Britain, p. 55.--Authority of
England before 1782, p. 55.--Authority of England under Grattan's
Constitution, p. 56.--Authority of England since the Union, p.
57.--Authority offered to England under Bill of 1886, p. 58.--Why should
England accept in 1893 a worse bargain than was offered her in 1886? p.
59: Two alleged reasons, p. 60: First reason, Retention of Irish members
concession to Unionists, p. 60: Futility of plea, ib.: Second reason,
England will not suffer any greater evil than she does at present, p.
63: Answer. Fallacy of statement, ib.--Explanation of Gladstonian
policy, p. 65.--Powers of Irish Government, p. 66: I. Irish Executive,
ib.: Importance of Executive, p. 68: Powers of Irish Executive, p. 68:
Position of military forces, p. 74: II. The Irish Parliament, p. 73: Its
power to appoint the Irish Government, ib.: Its legislative power, p.
76.--Legislation in opposition to English policy, p 78.--Power to pass
resolutions, p. 79.--The Restrictions, etc, p. 80: I. Their nature, ib.:
1. No restriction on power of Executive, p. 83: 2. No prohibition of
Acts of Indemnity, ib.: 3. No prohibition of _ex post facto_ law, p. 84:
4. No safeguard against violation of contract, p. 85: II. Enforcement of
Restrictions, p. 88.--The Veto, p. 88.--The Privy Council, p. 90.--Power
to nullify Irish Acts, ib.--Power as final Court of Appeal to treat
Irish Acts as void, p. 91.--How arrangement will work, p.
94.--Presumptions on which working of Constitutions depends false, p.
97: 1. Presumption that restrictions do not irritate, p. 98: Its
falsehood, ib.--Financial arrangements certain to cause discontent, p.
100.--The Customs, ib.--Charges in favour of England on Ireland, p.
102.--Irish objection to financial proposals, p. 103.--Presumption that
Ireland cannot nullify Restrictions. Its falsehood, p. 104.--Summary of
criticism, p. 110.


CHAPTER III
WHY THE NEW CONSTITUTION WILL NOT BE
A SETTLEMENT OF THE IRISH QUESTION

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