servation of the nine subjects included in the bracket is implied,
without enactment, in all colonial Constitutions, but in the Irish Bill
it is no doubt necessary that all reserved powers should be formally
specified.
All powers not specifically reserved will belong to the Irish
Legislature, subject to those restrictions, constitutional or statutory,
which in matters like Trade and Navigation, Copyright, Patents, etc.,
bind the whole Empire.
Section 32 of the Bill of 1893, borrowed from the Colonial Laws Validity
Act, will no doubt be applied.
2. _Minority Safeguards_.--This point, too, I dealt with in Chapter
X.[173] Let the Nationalist Members come forward and frankly accept any
prohibitory clauses which the fears of the minority may suggest,
provided that they do not impair the ordinary legislative power which
every efficient Legislature must enjoy. Almost every conceivable
safeguard for the protection of religion, denominational education, and
civil rights was inserted in the Bill of 1893, including even some of
the "slavery" Amendments to the United States Constitution. The list may
require revision--(_a_) in view of the recent establishment of the
National University, and the disappearances of all apprehension about
the status of Trinity College, Dublin; (_b_) in regard to an
extraordinarily wide Sub-clause (No. 9) about interference with
Corporations; (_c_) in regard to the words, "in accordance with settled
principles and precedents," which appeared in Sub-clause (No. 8)
(Legislature to make no law "Whereby any person may be deprived of life,
liberty, or property without due process of law[174] _in accordance with
settled principles and precedents_," etc.). A debate on this question
may be found in Hansard, May 30, 1893. The words italicized were added
in Committee on the motion of Mr. Gerald Balfour, though the
Attorney-General declared that they gave no additional strength to the
phrase "due process of law," while they certainly appear calculated to
provoke litigation. Sir Henry James appeared to think that they made the
suspension of the Habeas Corpus Act _ultra vires._ If that is their
effect, there is no reason why they should be inserted. Even a Canadian
Province, whose powers are more limited than those of the subordinate
States in any other Federation, has "exclusive" powers within its own
borders over "property and civil rights,"[175] and can, beyond any
doubt, suspend the Habeas Corpus Act, if i
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