A Leap in the Dark A Criticism of the Principles of Home Rule as Illustrated by the Bill of 1893

A LEAP IN THE DARK ***

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FIRST EDITION _June_ 1893 _Reprinted_ _June_ 1893 SECOND EDITION _July_ 1911 THIRD EDITION _January_ 1912

A LEAP IN THE DARK

A CRITICISM OF THE PRINCIPLES OF HOME RULE AS ILLUSTRATED BY THE BILL OF 1893

By A.V. DICEY K.C., HON. D.C.L.

FELLOW OF ALL SOULS COLLEGE; FORMERLY VINERIAN PROFESSOR OF ENGLISH LAW IN THE UNIVERSITY OF OXFORD; AUTHOR OF 'ENGLAND'S CASE AGAINST HOME RULE,' 'THE VERDICT,' 'AN INTRODUCTION TO THE STUDY OF THE LAW OF THE CONSTITUTION'

LONDON JOHN MURRAY, ALBEMARLE STREET, W. 1912

TO IRISH UNIONISTS WHOSE NOBLE AND STRENUOUS DEFENCE OF THEIR OWN RIGHTS AND LIBERTIES AS CITIZENS OF GREAT BRITAIN AND IRELAND WILL I TRUST PRESERVE THE POLITICAL UNITY OF THE UNITED KINGDOM

PREFACE TO FIRST EDITION

This book is not a disquisition on the details of the Home Rule Bill. It is an examination into the leading principles of the Bill with a view to establishing two conclusions. The first is, that the Home Rule Bill, though nominally a measure for the government of Ireland, contains in reality a New Constitution for the whole United Kingdom. The second is, that this New Constitution must work injury both to England and to Ireland, and instead of 'closing a controversy of seven hundred years, opens a constitutional revolution. The whole aim, in short, of the book is by the collection together of arguments which separately have been constantly used by Unionist statesmen, to warn the people of England against a leap in the dark.

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.