Page:Home rule; Fenian home rule; Home rule all round; Devolution; what do they mean?.djvu/27

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

23

Constitutional Position of the Irish Parliament before the Union.

The demand is at present framed by the official Nationalists under the formula, "Full executive and legislative control of Irish affairs." Let us consider (1) the Legislative, (2) the Executive demand. It should be remembered that in 1782 there was no Police Force; the Irish Army then performed the duties of keeping the King's peace now discharged by the Royal Irish Constabulary. "By the Constitution of 1782 the Irish Parliament was rendered free and independent; it could no longer be controlled or interfered with by the Parliament of Great Britain. There was no limit imposed upon the subject-matter of debate or legislation. Whatever was within the province of a National Parliament might come before it. Its relations to Great Britain and the British Parliament were substantially the same as before 1707 the relations had been of the Parliament of Scotland to England."[1]

In the Irish Constitution of 1782 there was no provision for the case of a disagreement in policy between the Parliaments of Great Britain and Ireland. They were equal and co-ordinate without any paramount authority being provided to over-rule or reconcile them. No matter how injurious to British interests the intended legislation of the Irish Parliament might be, the only restraint upon it which the Constitution provided for the British Government was the power of refusing to return under the Great Seal of Great Britain the Bill sent over,

  1. Ball, Irish Legislative Systems, pp. 137, 138.