Judge
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:
http://www.austlii.edu.au/au/cases/cth/HCA/1904/1.html
Enlarge
image
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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Politician
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
Download Adobe
Acrobat Reader free of charge to view the PDF files
A.I.Clark's role in Tasmanian legislation regarding:
Child Neglect
Human Rights
Women's Suffrage
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Lawyer
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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Constitution
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
Enlarge
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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
Download Adobe
Acrobat Reader free of charge to view the PDF files
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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
Enlarge image
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