hich are of Imperial rather than of local concern. But we
can hardly say that the line between the things which the Irish
Parliament can do, and the things which it cannot do, exactly coincides
with the line which divides Imperial from local legislation. The Irish
Parliament might lawfully pass laws opposed to the whole tenour of
British legislation, such, for instance, as an Act preventing particular
classes of foreigners, or even of Englishmen, from settling in Ireland.
The Irish Parliament could not, on the other hand, pass any law for the
establishment or the endowment of religion. Hence Ireland could not, in
imitation of England and Scotland, provide herself with an established
Church, nor could she again pass any law relating to volunteers. She
could not therefore take steps for the defence of the country, which are
permissible to Victoria or Canada.
The observance of these limitations on the Parliament's power of
legislation is enforced by a twofold method: first, by the veto of the
Lord-Lieutenant;[58] secondly, by the special authority given to the
Judicial Committee of the English Privy Council.[59]
The Lord-Lieutenant can, after the manner of a Colonial Governor, refuse
the Royal assent to any bill passed by the Irish House of
Parliament.[60] It would rather appear (though this is by no means
certain) that a Bill passed by the Irish Parliament might, even though
the Lord-Lieutenant assented thereto, be like the Bill of a Colonial
legislature, disallowed by the Crown, or in effect by the English
Ministry.[61]
The Judicial Committee of the English Privy Council, with the addition
of certain members, who must be, or have been, Irish Judges, exercises
under the Gladstonian Constitution a very peculiar authority in respect
of Irish legislation. It becomes both an administrative and a judicial
body.
As an administrative body it can give a decision as to the
constitutional validity of any Bill brought before or Act passed by, the
Irish Parliament. In its judicial character it is a court of final
appeal, with exclusive power to pronounce a decision upon the validity
of an Act of the Irish Parliament whenever the validity thereof comes in
question in the course of an action.[62] The decisions of the Privy
Council are final; their twofold character as opinions and judgments
deserve special attention. The result is that the Judicial Committee of
the English Privy Council can always in one way or another pronounc
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