A Leap in the Dark | Page 6

A. V. Dicey
rejected and treated with scorn the idea of an appeal to the people. They have claimed, not for Parliament but for the existing House of Commons, an absolute legislative power superior to that of the nation, a power which I assert with confidence is not possessed by the elected Assemblies of the United States, or of the French Republic, or of the Swiss Confederation: And by a strange combination of circumstances one method for depriving the predominant partner of legitimate authority may seem to a Home Ruler to lie near at hand. Raise the cry of 'Home Rule all round,' or of 'Federalise the British Empire.' Turn England into one State of a great federation, let Wales be another, Scotland a third, the Channel Islands a fourth, and for aught I know the Isle of Man a fifth. Let the self-governing Colonies, and British India, send deputies to the Imperial or Federal Parliament. You may thus for a moment, under the pretence of uniting the Empire, not only divide the United Kingdom, but deprive England or Great Britain, in form at least, of that political supremacy and predominance which is the real bond of union and peace not only throughout the United Kingdom, but also throughout the length and breadth of the British Empire. I do not tremble for the power--the lawful and legitimate power--of England. Political devices, however crafty, break down whenever they are opposed to the nature of things. I know that unity is increasing throughout the Empire not through the cunning or the statecraft of politicians, but through the whole course of events. One part of our Imperial system becomes daily under the effect of railways, steamers, telegraphs, and the like, nearer and nearer to every other part. The sentiment of unity which is more valuable than any law aiming at formal federation each year gains strength. What I do fear and insist upon is the danger that a legislative dictatorship conferred on a party, and therefore necessarily taken away from the nation, should be employed in the attempt, vain though it ultimately must be, to deprive the predominant partner of a predominance requisite for the maintenance both of the United Kingdom and of the British Empire.
The four reflections at any rate which may be suggested by A Leap in the Dark are well worth the consideration of the loyal citizens of the United Kingdom.
A.V. DICEY.
FOOTNOTES:
[1] Its technical title as given in the Bill is the Irish Government Act, 1893.
[2] See Annual Register, 1893 (New Series), p. 180.
[3] See especially pp. 39, 40, 41-43 _post._

A LEAP IN THE DARK[4]
FOOTNOTES:
[4] My readers are earnestly recommended to study Mr. Cambray's Irish Affairs and the Home Rule Question. It brings the history of the Home Rule movement well up to date, and strengthens almost every argument against Home Rule to be found in _A Leap in the Dark._ The notes in square brackets are new.

CHAPTER I
OLD AND NEW CONSTITUTION
The Home Rule Bill[5] contains a New Constitution for the whole United Kingdom.[6]
The Bill bears on its face that its object is 'to amend the provision for the Government of Ireland'; it is entitled 'The Irish Government Act, 1893'; it is in popular language known as the Home Rule Bill. But all these descriptions are misleading. It is in truth a measure which affects the government alike of England, of Scotland, and of Ireland. It changes, to some extent the form, but to a far greater extent the working, and the spirit of all our institutions. It is a bold attempt to form a new constitution for the whole United Kingdom; it subverts the very bases of the existing constitution of England.
The present constitution of the United Kingdom is marked and has long been marked by two essential characteristics, the one positive and the other negative.
The positive characteristic is the absolute and effective authority of the Imperial Parliament throughout the length and breadth of the United Kingdom.
To this characteristic Englishmen are so accustomed that they hardly recognise its full importance. A government may make its power felt in three different ways--by the action of the Executive, including under that head all the agents of the Executive, such as the judiciary and the armed forces--by legislation--and by the levying of taxes. Take any of these tests of authority, and it will be found that the British Parliament is not only theoretically, but actually and effectively, supreme throughout the whole of Great Britain and Ireland. The Cabinet is virtually appointed by the Houses of Parliament; the army, the judges, the magistracy, all officials who throughout the country exercise executive power in any form whatever are directly or indirectly appointed by Parliament, and hold office subject to the will of Parliament Of the legislative authority of Parliament as regards the United Kingdom it is scarcely
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