conferring on an Irish Parliament, to be created by the Act, general powers of legislation limited by exemptions, provisos, and prohibitions, reminiscent of the Ten Commandments, with their recurring "Thou shalt nots," the instrument by which any subordinate legislature or governing body is to be established should set out and proceed throughout, on the principle of conferring on the proposed Parliament or Council such positive and defined powers as may be deemed advisable; with only those limitations or provisos that may be absolutely necessary to prevent ambiguity or misunderstanding.
The very first section of the Act of 1914 challenges the susceptibilities of the enthusiasts whom it is intended to placate by a declaration of general limitation, which would be unnecessary had the Bill been framed on the positive principle of defined powers, instead of the negative one of a general right of legislation, whittled down by limitations and provisos. The second section opens with a general limitation, and goes on to enact twelve sub-sections—the twelfth dealing with five separate matters—all of a prohibitory character. The third section prohibits "laws interfering with religious equality"; whilst the financial sections bristle with limitations and exceptions; as, in an attempt to reconcile obvious incompatibilities, was inevitable.
Without going further in detailed criticism of the Act of 1914, it may be remarked that this third section is not, as a protection for the Protestant minority, of the slightest value. It is not unequal laws in regard to religious matters that the Unionists of Ireland fear; but inequalities of administration on the part of the Executive, and the unchecked action of local authorities. The Irish politician is an adept in the art of evasion of laws and regulations, and against irregularities such as are feared statutory prohibitions are of no avail.
It seems therefore that, as long as the existing British Constitution remains unmodified it will continue to pass the wit of a man to devise a workable system of separate government for Ireland which will be accepted by the
