[A Leap in the Dark by A.V. Dicey]@TWC D-Link bookA Leap in the Dark CHAPTER IV 43/70
No one, if I am rightly informed, was punished for an act of manifest treason.
It is even more noticeable that Professor Hilty, a distinguished and respected Swiss publicist, vindicates or palliates the admitted breach of law, in deference to the principle or sentiment, which if true has wide application, that 'human nature is not revolutionary, and that no revolution ever arises without a heavy share of guilt (Mitschuld) on the part of the government against which the revolution is directed.'[120] The instructiveness of this passage in Swiss history as regards the working of our new constitution is obvious; Englishmen should specially note the interconnection between lawlessness in Ticino and the balance of parties at Berne; it is easy to foresee an analogous connection between revolution, say in Dublin or Belfast, and the balance of parties at Westminster.
But this is not my immediate point; my point is that the Federal Government at Berne cannot enforce obedience to law in Ticino in the way in which Englishmen expect that the Imperial Government shall, under any circumstances, enforce or cause the law to be enforced in Ireland. But Ireland, it will be said, is to occupy a position like that of a self-governing colony.
In British colonies the Imperial power and the rule of law are respected; both therefore will be respected in Ireland. The plain answer to this suggestion is that in a British self-governing colony, no law is enforceable which is opposed to colonial sentiment and which the colonial Ministry refuse to put into execution.
One well-ascertained fact is enough to dispose of a hundred platitudes about Imperial supremacy and the loyal obedience of our colonies.
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