ature and government, or in effect the Irish people,
from the undue assertion of State rights.
Restraints again are placed on the unconstitutional action of the
Imperial or Federal Parliament. They are less obvious, but at least as
real and effectual as the safeguards against the breach of the
constitution by the Irish government or legislature. They are all summed
up in the presence of the Irish representatives at Westminster. The only
legitimate reason, if legitimate reason there be, for their presence is
the guardianship of Irish rights under the constitution. It is for them
to see that these rights are held sacred. No diminution thereof can take
place without either the assent of the Irish members or else the
existence of such a majority in the Parliament at Westminster as may
override the protests of Ireland.[23] No doubt this is not an absolute
security. But whoever considers the habits of English political life
will conclude that, except in the event of the Imperial Parliament being
resolved to suspend or destroy the constitution, there exists the
highest improbability that any inroad should be made upon the privileges
conferred under the new constitution upon Ireland. The security, though
not absolute, is a good deal better than any safeguard given by the Bill
that the State rights of Great Britain shall be duly respected by the
representatives from Ireland. Assume, however, that the constitution
works properly, and that all parties respect the spirit of its
provisions. The result is that the new constitution forms a fundamental
law, fixing the respective rights of Ireland, of Great Britain, of the
Irish Parliament, and of the Imperial Parliament.[24]
The federal arrangements which, utterly unknown as they are to our
institutions, form the foundation of the new constitution, are as
nothing compared with the recognition and fostering of the federal
spirit.
Great Britain and Ireland constitute for the first time in history a
confederation. The difference or opposition of their interests receives
legislative acknowledgment: each country is to possess in reality,
though not in name, State rights; each must rely upon the constitution
for the protection of these rights; each may suffer from the
encroachments of the Imperial or central power. Ireland may complain
that the Imperial Parliament by legislation, or the Privy Council by
judicial interpretation, encroaches on her guaranteed rights. Great
Britain may com
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