Professor James Allan

Garrick Professor in Law

School of Law
Faculty of Business, Economics and Law
j.allan@law.uq.edu.au
+61 7 334 69236

Overview

Areas of interest are legal and moral philosophy, constitutional law and bills of rights.

Professor James Allan holds the oldest named chair at The University of Queensland. Before arriving in Australia in February of 2005 he spent 11 years teaching law in New Zealand at the University of Otago and before that lectured law in Hong Kong. Professor Allan is a native born Canadian who practised law in a large Toronto law firm and at the Bar in London before shifting to teaching law. He has had sabbaticals at the Cornell Law School, at the Dalhousie Law School in Canada as the Bertha Wilson Visiting Professor in Human Rights, and at the University of San Diego School of Law.

Professor Allan has published widely in the areas of legal philosophy and constitutional law, including in all the top English language legal philosophy journals in the US, the UK, Canada and Australia, much the same being true of constitutional law journals as well. Professor Allan also has a sideline interest in bills of rights; he is opposed to them. Indeed he is delighted to have moved to a country without a national bill of rights. He has been actively involved in the efforts trying to stop one from being enacted here in Australia. Professor Allan’s latest book is Democracy in Decline (published mid-2014). Professor Allan also writes widely for newspapers and weeklies, including The Australian, The Spectator Australia and Quadrant, and since arriving here in Australia he has given or participated in more than 80 lectures, debates and talks.

Research Interests

  • Human and Civil Rights
  • Courts, judges, and judicial independence
  • Federalism and Separation of Powers
  • Legal Theory and Jurisprudence

Qualifications

  • PhD, The University of Hong Kong
  • LLM, London School of Economics and Political Science
  • LLB, Queen's University
  • BA, Queen's University

Publications

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Supervision

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Available Projects

  • Topics relating to legal philosophy and constitutional law

    • Legal philosophy related to H.L.A. Hart or Jeremy Waldron
    • Comparative constitutional law of the English-speaking developed world
    • Democracy and bills of rights

    For further information contact Professor James Allan, e: j.allan@law.uq.edu.au

View all Available Projects

Publications

Featured Publications

Book

Book Chapter

  • Allan, James (2018). Ronald Dworkin and free speech. In Salman Khurshid, Lokendra Malik and Veronica Rodriguez-Blanco (Ed.), Dignity in the legal and political philosophy of Ronald Dworkin (pp. 300-312) Oxford: Oxford University Press.

  • Allan, James (2017). Human rights, doubts and democracy. In Political and Legal Approaches to Human Rights (pp. 113-130) London, United Kingdom: Taylor and Francis. doi:10.4324/9781315179711

  • Allan, James (2017). The view from down under: freedom of the press in Canada. In Lisa Taylor and Cara-Marie O’Hagan (Ed.), The unfulfilled promise of press freedom in Canada (pp. 220-232) Toronto, ON, Canada: University of Toronto Press.

  • Allan, James F. P. (2016). A professor's progress: John Smillie on Bills of Rights. In Shelley Griffiths, Mark Henaghan and M.B. Rodriguez Ferrere (Ed.), The search for certainty: Essays in honour of John Smillie (pp. 19-35) New Zealand: Thomson Reuters.

  • Allan, James (2016). Is talk of the quality of judging sometimes strained, feigned or not sustained?. In Rebecca Ananian-Welsh and Jonathan Crowe (Ed.), Judicial independence in Australia (pp. 64-75) Annandale, NSW, Australia: Federation Press.

  • Allan, James (2015). The activist judge – vanity of vanities. In Luis Pereira Coutinho, Massimo La Torre and Steven D. Smith (Ed.), Judicial Activism: an interdisciplinary approach to the American and European experiences (pp. 71-87) Dordrecht, The Netherlands: Springer Netherlands. doi:10.1007/978-3-319-18549-1_6

  • Allan, James (2011). Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'. In Richard Ekins (Ed.), Modern challenges to the rule of law (pp. 79-92) Wellington, New Zealand: LexisNexis New Zealand.

  • Allan, James (2011). Statutory Bills of Rights: You read words in, you read words out, you take Parliament's clear intention and you shake it all about - Doin' the sankey hanky panky. In Tom Campbell, K. D. Ewing and Adam Tomkins (Ed.), The legal protection of Human Rights: Sceptical Essays (pp. 108-126) Oxford, United Kingdom: Oxford University Press.

  • Allan, James (2011). The curious concept of the 'living tree' (or non-locked-in) constitution. In Grant Huscroft and Bradley Miller (Ed.), The challenge of originalism: Theories of constituional interpretation (pp. 179-202) Cambridge, United Kingdom: Cambridge University Press.

  • Allan, James (2011). Utilitarianism and liberty. In Suri Ratnapala and Gabriel A Moens (Ed.), Jurisprudence of Liberty 2nd ed. (pp. 331-342) Chatswood, NSW, Australia: Lexis Nexis Butterworths.

  • Allan, James F. P. (2010). Dialogues concerning natural religion. In Chris Berg, John Roskam and Andrew Kemp (Ed.), 100 great books of liberty: The essential introduction to the greatest idea of Western Civilisation (pp. 33-36) Ballan, VIC, Australia: Connor Court Publishing.

  • Allan, James F.P. (2009). How John Howard saved the constitution. In Keith Windschuttle, David Martin Jones and Ray Evans (Ed.), The Howard era (pp. 57-78) Balmain, NSW, Australia: Quadrant Books.

  • Allan, James F. P. (2009). Misgoverning universities. In Keith Windschuttle, David Martin Jones and Ray Evans (Ed.), The Howard era (pp. 456-468) Balmain, NSW, Australia: Quadrant Books.

  • Allan, James F. P. (2009). What's wrong about a statutory bill of rights. In Julian Leeser and Ryan Haddrick (Ed.), Don't leave us with the bill: The case against an Australian bill of rights (pp. 83-95) Barton, ACT, Australia: The Menzies Research Centre.

  • J Allan (2008). The Travails of Justice Waldron. In G Huscroft (Ed.), Expounding the Constitution 1st ed. (pp. 161-183) New York: Cambridge University Press.

  • Allan, James (2006). Judicial appointments in New Zealand : If it were done when 'tis done, then 'twere well it were done openly and directly. In Kate Malleson and Peter H. Russell (Ed.), Appointing judges in an age of judicial power (pp. 103-121) Toronto, Canada: University of Toronto Press.

  • Allan, J. F. P. (2004). Interpreting Statutory Bills of Rights: The Deleterious Effects of 'Do the Right Thing' Thinking. In Bigwood, R. (Ed.), The Statute: Making and Meaning (pp. 285-298) Wellington: LexisNexis.

  • Allan, J. F. P. (2003). A defence of the status quo. In T. Campbell, J. Goldsworthy and A. Stone (Ed.), Protecting Human Rights: Instruments and Institutions (pp. 175-194) Oxford, U.K.: Oxford University Press.

  • Allan, J. (2002). Rights, paternalism, constitutions and judges. In Grant Huscroft and Paul Rishworth (Ed.), Litigating rights : perspectives from domestic and international law (pp. 29-46) Oxford: Hart Publishing.

  • James Allan (2001). The Effect of a Statutory Bill of Rights Where Parliament is Sovereign: The Lesson from New Zealand. In T Campbell, KD Ewing and A Tomkins (Ed.), Sceptical Essays on The Human Rights Act 1998 1st ed. (pp. 375-390) New York: Oxford University Press. doi:10.1093/acprof:oso/9780199246687.001.0001

  • James Allan (1999). Lon Fuller's 'The Case of the Speluncean Explorers'. In W Witteveen and W van der Burg (Ed.), Rediscovering Fuller 1st ed. (pp. 411-424) Amsterdam: Amsterdam University Press.

  • James Allan (1998). A Post-Speluncean Dialogue. In James Allan (Ed.), The Speluncean Case: Making Jurisprudence Seriously Enjoyable 1st ed. (pp. 69-92) Little London, UK: Barry Rose Law Publisher.

Journal Article

Conference Publication

PhD and MPhil Supervision

Current Supervision

  • Doctor Philosophy — Principal Advisor

    Other advisors:

Possible Research Projects

Note for students: The possible research projects listed on this page may not be comprehensive or up to date. Always feel free to contact the staff for more information, and also with your own research ideas.

  • Topics relating to legal philosophy and constitutional law

    • Legal philosophy related to H.L.A. Hart or Jeremy Waldron
    • Comparative constitutional law of the English-speaking developed world
    • Democracy and bills of rights

    For further information contact Professor James Allan, e: j.allan@law.uq.edu.au