Andrew Inglis Clark's Draft Constitution, Chapter III of the Australian Constitution, and the Assist from Article III of the Constitution of the United States

Abstract

Andrew Inglis Clark came to the Australasian Constitutional Convention in Sydney in 1891 with a complete Constitution acknowledged by him to be largely based on the United States Constitution. Particularly in respect of Chapter III, the Australian Constitution was significantly influenced by Clark's American-based Constitution. This article analyzes the way American constitutional law concerning the judiciary was inextricably woven into the Convention Debates about federal courts, federal judicial power and federal jurisdiction by the Australian framers, in 1897 and 1898 as well as 1891. Starting with a focus on the American art III incorporated in Clark's Draft Constitution, the article considers the framers' arguments in the Convention Debates that produced the similarities and differences in the provisions adopted in the Australian Chapter III. The article, then, selectively discusses some instances in which the Clark-American background continues to be relevant to Australian constitutional law.

Keywords: Andrew Inglis Clark, Australasian Constitutional Convention, United States Constitution, Australian Constitution, judicial tenure & removal, federal courts, federal judicial power, federal jurisdiction, Australian constitutional law, Kable v DPP, Sovereign Immunity, Writs of Madamus