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2012

Journal Article

The view from down under: freedom of the press in Canada

Allan, James (2012). The view from down under: freedom of the press in Canada. Supreme Court Law Review, 58 (Constitutional Cases 2011), 147-162.

The view from down under: freedom of the press in Canada

2012

Journal Article

The three 'RS' of recent Australian judicial activism: 'Roach, Rowe' and (no)'riginalism

Allan, James (2012). The three 'RS' of recent Australian judicial activism: 'Roach, Rowe' and (no)'riginalism. Melbourne University Law Review, 36 (2), 743-782.

The three 'RS' of recent Australian judicial activism: 'Roach, Rowe' and (no)'riginalism

2012

Journal Article

Why Australia does not have, and does not need, a national Bill of Rights

Allan, James (2012). Why Australia does not have, and does not need, a national Bill of Rights. Giornale Di Storia Constituzionale, 24, 35-45. doi: 10.1400/201152

Why Australia does not have, and does not need, a national Bill of Rights

2012

Journal Article

Time and chance and the prevailing orthodoxy in legal academia happeneth to them all: a study of the top law journals of Australia and New Zealand

Allan, James and Senanayake, Anthony (2012). Time and chance and the prevailing orthodoxy in legal academia happeneth to them all: a study of the top law journals of Australia and New Zealand. Adelaide Law Review, 33 (2), 519-558.

Time and chance and the prevailing orthodoxy in legal academia happeneth to them all: a study of the top law journals of Australia and New Zealand

2011

Book

The vantage of law: Its role in thinking about law, judging and bills of rights

Allan, James (2011). The vantage of law: Its role in thinking about law, judging and bills of rights. Farnham, Surrey, United Kingdom: Ashgate Publishing. doi: 10.4324/9781315551777

The vantage of law: Its role in thinking about law, judging and bills of rights

2011

Book Chapter

The curious concept of the 'living tree' (or non-locked-in) constitution

Allan, James (2011). The curious concept of the 'living tree' (or non-locked-in) constitution. The challenge of originalism: Theories of constituional interpretation. (pp. 179-202) edited by Grant Huscroft and Bradley Miller. Cambridge, United Kingdom: Cambridge University Press. doi: 10.1017/CBO9781139003926.010

The curious concept of the 'living tree' (or non-locked-in) constitution

2011

Book Chapter

Utilitarianism and liberty

Allan, James (2011). Utilitarianism and liberty. Jurisprudence of Liberty. (pp. 331-342) edited by Suri Ratnapala and Gabriel A Moens. Chatswood, NSW, Australia: Lexis Nexis Butterworths.

Utilitarianism and liberty

2011

Book Chapter

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

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. The legal protection of Human Rights: Sceptical Essays. (pp. 108-126) edited by Tom Campbell, K. D. Ewing and Adam Tomkins. Oxford, United Kingdom: Oxford University Press. doi: 10.1093/acprof:oso/9780199606078.003.0006

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

2011

Book Chapter

Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'

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

Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'

2010

Journal Article

You don't always get what you pay for: No Bill of Rights for Australia

Allan, James (2010). You don't always get what you pay for: No Bill of Rights for Australia. New Zealand Universities Law Review, 24 (2), 179-196.

You don't always get what you pay for: No Bill of Rights for Australia

2010

Journal Article

Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?

Allan, James (2010). Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?. King's Law Journal, 21 (2), 233-256. doi: 10.5235/096157610792240704

Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?

2010

Book Chapter

Dialogues concerning natural religion

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

Dialogues concerning natural religion

2010

Journal Article

Down Under Exceptionalism

Allan, James (2010). Down Under Exceptionalism. University of Queensland Law Journal, 29 (1), 143-153.

Down Under Exceptionalism

2009

Journal Article

Implied Rights and Federalism: Inventing Intentions While Ignoring Them

Allan, James F.P. (2009). Implied Rights and Federalism: Inventing Intentions While Ignoring Them. University of Western Australia Law Review, 34 (2), 228-237.

Implied Rights and Federalism: Inventing Intentions While Ignoring Them

2009

Book Chapter

Misgoverning universities

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

Misgoverning universities

2009

Journal Article

Meagher's mischaracterisations of majoritarianism: A reply

Allan, James (2009). Meagher's mischaracterisations of majoritarianism: A reply. King's Law Journal, 20 (1), 115-128. doi: 10.1080/09615768.2009.11427723

Meagher's mischaracterisations of majoritarianism: A reply

2009

Journal Article

A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG

Allan, James and Kirby, Michael (2009). A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG. Melbourne University Law Review, 33 (3), 1032-1057.

A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG

2009

Journal Article

Of newspapers and law reviews

James Allan (2009). Of newspapers and law reviews. Public Law Review, 20 (4), 251-256.

Of newspapers and law reviews

2009

Book Chapter

What's wrong about a statutory bill of rights

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

What's wrong about a statutory bill of rights

2009

Journal Article

Tom Campbell and Democratic Legal Positivism

Allan, James F.P. (2009). Tom Campbell and Democratic Legal Positivism. Australian Journal of Legal Philosophy, 34 (2009), 283-293.

Tom Campbell and Democratic Legal Positivism