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

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