Abstract

http://ssrn.com/abstract=2386406
 


 



The Over-Rated Mr. Clark: Putting Andrew Inglis Clark's Contribution to the Constitution into Perspective


Helen Irving


University of Sydney - Faculty of Law

January 27, 2014

Papers on Parliament, 2014, Forthcoming
Sydney Law School Research Paper No. 14/04

Abstract:     
Andrew Inglis Clark, the 19th century Tasmanian politician, jurist, and ardent Americanist, is often (these days) described as the primary ‘architect’ or ‘author’ of Australia’s Constitution. Equally frequently, he is credited with valiantly, albeit unsuccessfully, proposing a Bill of Rights for the Constitution. This paper challenges these claims. It poses three questions: Was Clark the primary author of the Constitution?; If not, was he one of the Constitution’s ‘architects’? If neither, was he nevertheless a ‘Founding Father’? It concludes that Clark was none of these, but that he deserves recognition for a different contribution: namely, his successful insistence, before the Constitution was written, that Australia should follow the U.S. form of federalism, and finally, for his vision of Australian judicial independence.

Number of Pages in PDF File: 8

Keywords: Clark, A.I, Australian Constitution, Bill of Rights, Federation

JEL Classification: K10, K30

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Date posted: January 28, 2014  

Suggested Citation

Irving, Helen, The Over-Rated Mr. Clark: Putting Andrew Inglis Clark's Contribution to the Constitution into Perspective (January 27, 2014). Papers on Parliament, 2014, Forthcoming; Sydney Law School Research Paper No. 14/04. Available at SSRN: http://ssrn.com/abstract=2386406

Contact Information

Helen Irving (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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