ner they think fit, with the important
restrictions:--(1) That in the distribution of members they must have
due regard to population; (2) that they must not increase or diminish
the number of members.
The transfer to the Irish legislative body of the Irish representative
peers, and of the Irish members, involves their exclusion under ordinary
circumstances from the Imperial Parliament, with this great exception,
that whenever an alteration is proposed to be made in the fundamental
provisions of the Irish Government Bill, a mode of procedure is devised
for recalling both orders of the Irish legislative body to the Imperial
Parliament for the purpose of obtaining their consent to such alteration
(clause 39).
Further, it is right to state here that Mr. Gladstone in his speech on
the second reading of the Bill proposed to provide, "that when any
proposal for taxation was made affecting the condition of Ireland, Irish
members should have an opportunity of appearing in the House to take a
share in the transaction of that business."
Questions arising as to whether the Irish Parliament has or not
exceeded its constitutional powers may be determined by the ordinary
courts of law in the first instance; the ultimate appeal lies to the
Judicial Committee of the Privy Council. An additional safeguard is
provided by declaring that before a provision in a Bill becomes law, the
Lord Lieutenant may take the opinion of the Judicial Committee of the
Privy Council as to its legality, and further, that without subjecting
private litigants to the expense of trying the constitutionality of an
Act, the Lord Lieutenant may, of his own motion, move the judicial
committee to determine the question. With a view to secure absolute
impartiality in the committee, Ireland will be represented on that body
by persons who are or have been Irish judges (clause 25).
The question of finance forms a separate portion of the Bill, the
provisions of which are contained in clauses twelve to twenty, while the
machinery for carrying those enactments into effect will be found in
Part III. of the Land Bill. The first point to be determined was the
amount to be contributed by Ireland to imperial expenses. Under the Act
of Union it was intended that Ireland should pay 2/17ths, or in the
proportion of 1 to 7-1/2 of the total expenditure of the United Kingdom.
This amount being found exorbitant, it was gradually reduced, until at
the present moment it amounts t
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