[A Leap in the Dark by A.V. Dicey]@TWC D-Link book
A Leap in the Dark

CHAPTER II
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It is on the face of it the legislation of illegality; the hope of it encourages acts of vigour, but it also encourages violations of law and of humanity.

The tale of Flogging Fitzgerald in Ireland, or the history of Governor Eyre in Jamaica, is sufficient to remind us of the deeds of lawlessness and cruelty which in a period of civil conflict may be inspired by recklessness or panic, and may be pardoned by the retrospective sympathy or partisanship of a terror-stricken or vindictive Legislature.
Circumstances no doubt may arise in Ireland, as in other countries, under which the maintenance of order or the protection of life may excuse or require deviation from the strict rules of legality.

But the question, whether these circumstances have arisen, will always be decided far more justly by the Parliament at Westminster than it can be decided by the Parliament at Dublin.

Can any one really maintain that a Parliament in which Mr.Healy, or, for that matter, Col.

Saunderson, might be leader, would be as fair a tribunal as a Parliament under the guidance of Mr.Gladstone or Lord Salisbury for determining whether an officer who, acting under the direction of the Irish Government and with a view to maintain order at Belfast or at Dublin, should have put an agitator or conspirator to death without due trial, had or had not done his duty.
_Thirdly._ There is among the Restrictions no prohibition against the passing of an _ex post facto_ law.


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