QLD: Sir Samuel s constitutional role questioned

AAP General News (Australia)
12-14-1999
QLD: Sir Samuel s constitutional role questioned

By Gil Breitkreutz

BRISBANE, Dec 14 AAP - The role of former Queensland Chief Justice Sir Samuel Griffith
in drafting the Australian constitution has been challenged by a contentious new book.

The Great Constitutional Swindle by Queensland University's Professor of Public Policy,
Peter Botsman, argues the real hero of the Australian constitution was little known Tasmanian
Andrew Inglis-Clarke.

"Inglis-Clarke spent a year carefully drafting the constitution and Sir Samuel did
nothing more than edit the original draft," Prof Botsman said.

Sir Samuel, regarded as the Father of the Australian constitution, is credited with
playing the leading role in drafting it in seven days while ensconced on the steamship
Lucinda.

"But Sir Samuel was also Queensland premier at the time and he was deeply involved
in the infamous shearers' strike, about the closest thing we've ever had to civil war
in Queensland," Prof Botsman said.

He said the discovery in 1958 of the original draft of the constitution led to his research.

"Eighty per cent of the existing constitution remains as it was drafted by Inglis-Clarke
and Griffith really played a relatively minor role in the great historical drama," Prof
Botsman said.

He said the contrast between Sir Samuel and Inglis-Clarke could not have been greater.

"Griffith was the correct and efficient legal draftsman, and comfortable in the limelight,"

Prof Botsman said.

"Inglis-Clarke was a shy and retiring man who was an idealist. A real ideas man and
a republican sympathiser," he said.

The Great Constitutional Swindle argues that Inglis-Clarke was swindled out of his
rightful place in history by the dominant conservative elite of the time.

"Only 432,000 people voted for the constitution in 1899 although Australia's population
was reaching four million," Prof Botsman said.

"Even today, few Australians know or understand the constitution, and there is a link
with the recent failed republic referendum that can be traced back to federation," he
said.

"We have been swindled out of our heritage by a triumphant federation story that omits
counter arguments and dissenting points of view," the professor said.

The Great Constitutional Swindle, which goes on sale throughout Australia tomorrow,
attempts to "set the record straight" and reveals how the foundation draft went missing
for 58 years.

Launching the book, Queensland Chief Justice Paul de Jersey described it as challenging
and thought-provoking.

Profits from the sale of the book will go toward the Andrew Inglis-Clarke Foundation
to promote grassroots debate on the constitution.

AAP geb/sd/cjh/br

KEYWORD: GRIFFITH

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