[A Leap in the Dark by A.V. Dicey]@TWC D-Link bookA Leap in the Dark CHAPTER II 81/140
Their salaries are charged on the Consolidated Fund of the United Kingdom, and they are removable only on an address to the Houses of the Imperial Parliament.
They constitute therefore an Imperial not an Irish Court. Before this Court may be brought on the application of any party thereto any legal proceedings in Ireland which _inter alia_ 'touch any matter not within the power of the Irish Legislature, or touch any matter affected by a law which the Irish Legislature has not power to repeal or alter.'[80] With the details of these arrangements I need not trouble my readers; the point to notice is that, whenever in any proceeding in Ireland the validity or constitutionality of an Irish Act can come into question, the matter may, at the wish of any party concerned, and in many cases apparently must be, brought before an Imperial or in effect British Court--the Exchequer Judges--and be determined by them subject to an appeal to another Imperial or British Court, viz.
the Privy Council.
Note further that to the Exchequer Judges are given special powers for the enforcement of any judgment of their Court.
If the Sheriff does not give effect to their judgment, they may appoint any other officer with the full rights of a Sheriff to enforce it.[81] Here then we have the machinery of the Imperial, or Federal, Judicature. To put the matter simply, the Restrictions imposed on the Irish Parliament depend for their effectiveness on judgments of the Privy Council enforced by the Exchequer Judges. Consider how the whole arrangement will work.[82] The theoretical operation of the scheme is clear enough.
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