not to
speak of the loss of detailed information on the cause of the particular
issue of his resignation, on which the Chamber may wish enlightenment.
Indeed, such a provision as this seems peculiarly arbitrary and
meaningless.
There is, indeed, much virtue in the liberty of the Chamber to appoint as
Ministers persons who may be specially qualified, but who may not be
members. In the jostle at the hustings to enter a Chamber of but two
hundred members it is unlikely that the best ability would always succeed,
if it were so much as willing to share the fray. A Legislature should
therefore not be hampered in the choice of its Executive by restricting
that choice to two hundred persons. If persons, not members of the
Chamber, were appointed as Ministers, clearly they could not vote; but
they could be present, could speak, and could propose motions on behalf of
the Executive of which they were members. But the whole Executive should
share an equal responsibility, and be subject at all times to the
continuous control of the Legislature, of which they are the servants, not
the masters.
VI.
THE JUDICIARY.
The three organic parts of every Constitution are the Legislature, for the
making and enacting of laws, the Executive, for the execution and
administration of laws, and the Judicature, for the interpretation and
enforcement of laws. These three comprise the powers of Government which a
people bestow on certain organisations which they create for that purpose,
in the sovereign act of conferring a Constitution on themselves. The
authority which such organisations shall henceforward exercise in Ireland
derive, under the Constitution, from the people of Ireland; and from no
right or power, pretended or real, existing elsewhere.
The first of these three organic parts, obviously, is the Legislature,
since laws cannot be executed or interpreted until they first exist. The
second, equally obviously, is the Executive, since laws, having come into
existence, must first be put into execution before they can be liable to
interpretation, or before they can be said to require enforcement. But
when a Legislature and an Executive have been brought into existence, as
necessary organisations for a people's government of themselves, a
Judicial organisation at once becomes necessary. For no law can so be made
as of itself to fit each particular case. Laws, by their nature, are of
general meaning, and must be interpreted to the parti
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