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Judge | Politician | Lawyer | Constitution | Hare-Clark | University


Clark as Judge.
One case is Pedder v D'emden, in which he gave a dissenting decision. The case went to the High Court and Clark's decision was upheld. The High Court case was D'Emden v Pedder and can be linked from:

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In the constitutional law case involving the doctrine of intergovernmental immunities Pedder v. D'Emden (1903 2 Nicholls and Stops 146) heard by the Full Court of the Tasmanian Supreme Court, Clark gave a dissenting opinion. D'Emden appealed to the High Court and Clark was vindicated when the High Court upheld the Commonwealth's claim to immunity from a state law levying stamp duty. This case caused an uproar in the States and was seen to vindicate the fears of federation sceptics. It was the first important constitutional law case heard by the High Court and was significant because Clark and his High Court colleagues established the principle that the judiciary had the power to determine the limits of the powers of the Commonwealth and State Parliaments under the Constitution and the power to invalidate legislation which exceeded those powers. see also Clark as Law-maker and Jurist and Clark's Biography

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Despite his reputation as an ‘extreme ultra-republican’, Clark was elected to the House of Assembly in 1878, largely through the influence of the midlands landowner Thomas Reiby. He was an active politician and campaigner for liberal causes. He was a leading light of the Southern Tasmanian Political Reform Association (1885) which lobbied for manhood suffrage, fixed term parliaments and electoral reform. His political career culminated as Attorney-General in the P.O. Fysh and E. M. Braddon ministries, 1887-92 and 1894-7.
See also Clark's Biography.

'A Motion of Censure/ the Railway muddle again/ Ministerial Crisis/ The Attorney-General resigns.'
Mercury 21 October 1897 PDF file

'The Ministerial Crisis/The Ex-Attorney-General's position/How the Emu Bay Company's affairs were managed.'
Mercury 30 October 1897 PDF file

'The Recent Ministerial Crisis/Presentation of an address to the Hon. A.I.Clark/ Condemnation of the Government Policy.'
Mercury 21 December 1897 PDF file

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A.I.Clark's role in Tasmanian legislation regarding:

Child Neglect

Human Rights

Women's Suffrage

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Clark turned from engineering to the law in 1872 when he was articled to R.P. Adams and was called to the Bar in 1877. He won early fame as a criminal lawyer, but later built up a large practice in civil jurisdiction. In January 1887 he went into partnership with Matthew Wilkes Simmons and continued to practice while a politician until his elevation to the Bench in 1898. His generosity and refusal ‘to accept anything beyond a reasonable and modest fee’ prevented him from becoming wealthy from his legal practice.

See also Clark's Biography.

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The order, form, substance, and American flavour of the Australian Constitution owed more to Andrew Inglis Clark than any other single individual. Sir William Deane, the former Governor-General, has fairly dubbed him 'the primary architect of our constitution'.
see also Clark and Federation
and Clark's Biography

Clark's 1891 Draft Constitution Bill

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Hare-Clark system of voting

In 1896, at his fourth attempt, he succeeded in amending the Electoral Act by extending the franchise and introducing in Hobart and Launceston proportional representation under what became known as the Hare-Clark system
see also Hare Clark

'The new Electoral Bill / the Attorney General explains it.'
Mercury 11 August 1896 PDF file

'The Electoral Bill / Single electorates and the Hare System.'
Mercury 13 August 1896 PDF file

'The Electoral Bill/ Hare's system of voting.'
Mercury 23 September 1896 PDF file

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Vice-Chancellor of University

From 1901 to 1903 he served as Vice-Chancellor of the University of Tasmania.

Vice-Chancellor's robe
probably worn by Clark

Law exam papers written by Clark
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Last Modified: 28-Jul-2009