principle of federalism, which by the way is
violated in other parts of the Home Rule Bill. It brings, or tends to
bring, the central power, represented in this case by the Privy Council,
into direct conflict with one of the States of the Federation.[78]

The English Privy Council, or, in strictness, the Judicial Committee of
the Privy Council, is under the new constitution constituted a Final
Court of Appeal from every Court in Ireland.[79]

The Privy Council also is the Court of Appeal from a new kind of
Imperial, or as one may say 'Federal,' judiciary, specially formed for
the determination of matters having relation to the competence of the
Irish Parliament.

This Imperial or Federal judiciary consists of the two Exchequer Judges
of the Supreme Court in Ireland; they are appointed under the Great Seal
of the United Kingdom, and therefore by the English Ministry. Their
salaries are charged on the Consolidated Fund of the United Kingdom, and
they are removable only on an address to the Houses of the Imperial
Parliament. They constitute therefore an Imperial not an Irish Court.
Before this Court may be brought on the application of any party thereto
any legal proceedings in Ireland which _inter alia_ 'touch any matter
not within the power of the Irish Legislature, or touch any matter
affected by a law which the Irish Legislature has not power to repeal or
alter.'[80] With the details of these arrangements I need not trouble my
readers; the point to notice is that, whenever in any proceeding in
Ireland the validity or constitutionality of an Irish Act can come into
question, the matter may, at the wish of any party concerned, and in
many cases apparently must be, brought before an Imperial or in effect
British Court--the Exchequer Judges--and be determined by them subject
to an appeal to another Imperial or British Court, viz. the Privy
Council. Note further that to the Exchequer Judges are given special
powers for the enforcement of any judgment of their Court. If the
Sheriff does not give effect to their judgment, they may appoint any
other officer with the full rights of a Sheriff to enforce it.[81]

Here then we have the machinery of the Imperial, or Federal, Judicature.
To put the matter simply, the Restrictions imposed on the Irish
Parliament depend for their effectiveness on judgments of the Privy
Council enforced by the Exchequer Judges.

Consider how the whole arrangement will work.[82] The theoretical
op