Considering the Historical-Political Constitution and the Imperial Inheritance in Mid-Nineteenth Century New Zealand: Balance, Diversity and Alternative Constitutions

New Zealand Journal of Public and International Law, 12, (2014) 145-185.

Victoria University of Wellington Legal Research Paper No. 57/2020

42 Pages Posted: 21 Aug 2020 Last revised: 24 Aug 2020

See all articles by Mark Hickford

Mark Hickford

Victoria University of Wellington - Faculty of Law

Date Written: 2014

Abstract

In considering the intellectual context for the New Zealand Constitution Act 1852, this essay examines a web of Whig-liberal and Tory as well as radical precepts influencing its drafting and the political constitutional culture it both expressed and reflected. In so doing, it contends that it is insufficient to label New Zealand's historical, political constitutional fabric or the 1852 constitution specifically as, say, "pragmatic". Rather, this article argues for a richer, historical engagement with political constitutionalism. This article will also examine the intellectual influences underlying an alternative, previously unidentified, draft constitution referred to as the "MS project".

Keywords: New Zealand, Constitution, history, liberal, politics, political, culture, pragmatism, pragmatic, engagement, constitutionalism

JEL Classification: K1, K10, K3, K30, K39, K4, K40, K49, K23

Suggested Citation

Hickford, Mark, Considering the Historical-Political Constitution and the Imperial Inheritance in Mid-Nineteenth Century New Zealand: Balance, Diversity and Alternative Constitutions (2014). New Zealand Journal of Public and International Law, 12, (2014) 145-185., Victoria University of Wellington Legal Research Paper No. 57/2020, Available at SSRN: https://ssrn.com/abstract=2730399

Mark Hickford (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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