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Professor James Allan
Professor

James Allan

Email: 
Phone: 
+61 7 334 69236

Overview

Background

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 The age of foolishness: a doubter's guide to constitutionalism in a modern democracy (published 2022). 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.

Availability

Professor James Allan is:
Available for supervision

Research interests

  • Human and Civil Rights

  • Courts, judges, and judicial independence

  • Federalism and Separation of Powers

  • Legal Theory and Jurisprudence

Works

Search Professor James Allan’s works on UQ eSpace

134 works between 1990 and 2023

1 - 20 of 134 works

2021

Journal Article

The Corona Virus: Old vs Young

Allan, James (2021). The Corona Virus: Old vs Young. Griffith Journal of Law and Human Dignity, 8 (2), 197-211.

The Corona Virus: Old vs Young

2019

Journal Article

In honor of a simple-minded originalist: book review of Moral puzzles and legal perplexities: Essays on the influence of Larry Alexander. Edited by Heidi M. Hurd. Cambridge. University Press. 2019.

Allan, James F. P. (2019). In honor of a simple-minded originalist: book review of Moral puzzles and legal perplexities: Essays on the influence of Larry Alexander. Edited by Heidi M. Hurd. Cambridge. University Press. 2019.. Constitutional Commentary, 34, 401-417.

In honor of a simple-minded originalist: book review of Moral puzzles and legal perplexities: Essays on the influence of Larry Alexander. Edited by Heidi M. Hurd. Cambridge. University Press. 2019.

Featured

2019

Journal Article

A Churchillian and Benthamite Defence of Democracy

Allan, James (2019). A Churchillian and Benthamite Defence of Democracy. San Diego Law Review, 56, 853-873.

A Churchillian and Benthamite Defence of Democracy

2018

Book Chapter

Human rights, doubts and democracy

Allan, James (2018). Human rights, doubts and democracy. Political and legal approaches to human rights. (pp. 113-130) edited by Tom Campbell and Kylie Bourne. London, United Kingdom: Routledge. doi: 10.4324/9781315179711

Human rights, doubts and democracy

Featured

2017

Journal Article

Why politics matters: a review of Why Law Matters

Allan, James F. P. (2017). Why politics matters: a review of Why Law Matters. Jurisprudence, 9 (1), 132-137. doi: 10.1080/20403313.2017.1331632

Why politics matters: a review of Why Law Matters

Featured

2014

Book

Democracy in decline: steps in the wrong direction

Allan, James (2014). Democracy in decline: steps in the wrong direction. Montreal, QC, Canada: McGill-Queen's University Press.

Democracy in decline: steps in the wrong direction

2023

Journal Article

Very high risk, very low reward: this Voice Referendum deserves to be defeated

Allan, James (2023). Very high risk, very low reward: this Voice Referendum deserves to be defeated. The Australian Law Journal, 97 (6), 411-420.

Very high risk, very low reward: this Voice Referendum deserves to be defeated

2023

Journal Article

Who will guard the free speech guardians?

Allan, James (2023). Who will guard the free speech guardians?. Australasian Parliamentary Review, 38 (2), 58-71.

Who will guard the free speech guardians?

2022

Journal Article

A quota by any other name?

Allan, James (2022). A quota by any other name?. Constitutional Commentary, 37 (1), 83-96.

A quota by any other name?

2022

Conference Publication

Honest interpretation and the judge's proper fealty in constitutional cases

Allan, James (2022). Honest interpretation and the judge's proper fealty in constitutional cases. 32nd Annual Conference of The Samuel Griffith Society, Sydney, NSW, Australia, 29 April - 1 May 2022.

Honest interpretation and the judge's proper fealty in constitutional cases

2022

Conference Publication

How the human rights industry failed abysmally during Covid

Allan, James (2022). How the human rights industry failed abysmally during Covid. Mathias Corvius Collegium, Budapest, Hungary, 21 January 2022.

How the human rights industry failed abysmally during Covid

2022

Conference Publication

What motivates written constitutionalism

Allan, James (2022). What motivates written constitutionalism. Danube Institute , Budapest, Hungary, 19 January 2022.

What motivates written constitutionalism

2022

Conference Publication

Free speech is dying on campus

Allan, J. (2022). Free speech is dying on campus. Hungarian Diplomatic Academy , Budapest, Hungary, 18 January 2022.

Free speech is dying on campus

2022

Book

The age of foolishness: a doubter's guide to constitutionalism in a modern democracy

Allan, James (2022). The age of foolishness: a doubter's guide to constitutionalism in a modern democracy. Washington, DC, United States: Academica Press.

The age of foolishness: a doubter's guide to constitutionalism in a modern democracy

2022

Journal Article

Wokery and High Court 'Otherness'

Allan, James (2022). Wokery and High Court 'Otherness'. The Western Australian Jurist, 12, 9-26.

Wokery and High Court 'Otherness'

2022

Book

A principled constitution? Four skeptical views

Smith, Steven D., Alexander, Larry, Allan, James and Schwarzschild, Maimon (2022). A principled constitution? Four skeptical views. Lanham, Maryland, United States: Lexington Books.

A principled constitution? Four skeptical views

2021

Journal Article

The Special Kay Defence of Non-Originalist Judges: A Serial with an Unhealthy Final Ingredient

Allan, James (2021). The Special Kay Defence of Non-Originalist Judges: A Serial with an Unhealthy Final Ingredient. University of Connecticut Law Review, 52 (5), 1529-1547.

The Special Kay Defence of Non-Originalist Judges: A Serial with an Unhealthy Final Ingredient

2021

Conference Publication

Moralising without skin in the game

Allan, J. (2021). Moralising without skin in the game. Covid-19 Symposium, Virtual, 13 February 2021.

Moralising without skin in the game

2021

Journal Article

Supremacy and hegemony: a reply to Palmer and Martin

Allan, James and Campbell, David (2021). Supremacy and hegemony: a reply to Palmer and Martin. Journal of Law and Society, 48 (1), 1-5. doi: 10.1111/jols.12281

Supremacy and hegemony: a reply to Palmer and Martin

2021

Journal Article

Arcioni, Crowe and Allan on Constitutional Interpretation: A Worder of Crowes

Allan, James (2021). Arcioni, Crowe and Allan on Constitutional Interpretation: A Worder of Crowes. Federal Law Review, 49 (4), 499-504. doi: 10.1177/0067205X211050853

Arcioni, Crowe and Allan on Constitutional Interpretation: A Worder of Crowes

Supervision

Availability

Professor James Allan is:
Available for supervision

Before you email them, read our advice on how to contact a supervisor.

Available projects

  • Legal philosophy and constitutional law

    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

Supervision history

Current supervision

  • Doctor Philosophy

    The universal franchise: the protection of voting rights under the Australian Constitution

    Principal Advisor

    Other advisors: Professor Nicholas Aroney

  • Doctor Philosophy

    Hume's Constitutionalism: History and Human Nature in the Constitutional Thought of David Hume

    Principal Advisor

Completed supervision

Media

Enquiries

For media enquiries about Professor James Allan's areas of expertise, story ideas and help finding experts, contact our Media team:

communications@uq.edu.au