fore actually enacted in the Government of Ireland
Bill.
[74] It is to be presumed that the Crown, or in effect the British
Cabinet, does not in the case of Ireland retain the power of
'disallowance' under which the Crown occasionally annuls colonial Acts
which have received the assent of a colonial Governor. The power to
disallow an Irish Act which, though not unconstitutional, has worked
injustice, might be of advantage. But in truth the parliamentary methods
for enforcing the Restrictions or safeguards are utterly unreal; they do
not repay examination; whether there be two sham modes of enforcement,
or one, must be to a sensible man a matter of indifference. As to the
disallowance of Acts see Rules and Regulations published for the use of
the Colonial Office, chap. iii.; Legislative Councils and Assemblies,
Rules 48-54; British North America Act, 1868, sections 55-57; _England's
Case against Home Rule_ (3rd ed.), p. 33. [Compare Dicey, _Law of
Constitution_ (7th ed.), pp. 111-114.]
[75] The appeal to the English Privy Council, both under clauses 19,
_22_, and 23 of the Bill, appears to be in each case an appeal to the
Judicial Committee of the Privy Council. [The particular provisions
contained in the Home Rule Bill, 1893, as to an appeal to the Privy
Council, etc., are now of little direct importance, but they are worth
study as showing the extreme difficulty of providing any satisfactory
body for acting as a Court called upon to decide the numerous
constitutional questions, as to the legislative power of an Irish
Parliament, which must be raised under any Home Rule Act whatever.]
[76] See Bill, clause 23.
[77] See Tocqueville, _Democratie en Amerique_, i. chap. viii. pp.
231-250; Bryce, _American Commonwealth_, ii. (1st ed.) p. 45; _ibid._ i.
ch. 23.
[78] Compare _England's Case against Home Rule_ (3rd ed.), pp. 257, 258.
[79] Compare Bill, clauses 19, 22, pp. 206, 209, _post._
[80] Bill, clause 19, sub-clause(4).
[81] Clause 19, sub-clause (5). The whole of the provisions as to the
Exchequer Judges are extremely obscure. The jurisdiction and the powers
of the Court, should it ever be formed, will need to be defined by a
special Act of Parliament. There are special laws regulating the action
of the Federal Judiciary both in the United States and in Switzerland.
As the matter at present stands the jurisdiction of the Exchequer Judges
and of the Privy Council as a Court of Appeal from them may appare
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