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
Fields of research
Research interests
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Human and Civil Rights
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Courts, judges, and judicial independence
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Federalism and Separation of Powers
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Legal Theory and Jurisprudence
Works
Search Professor James Allan’s works on UQ eSpace
Featured
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.
Featured
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.
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.
Featured
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
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
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.
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.
2023
Journal Article
They were just seventeen, but the way they voted was way beyond compare: operating a three-decade old bill of rights in New Zealand
Allan, James (2023). They were just seventeen, but the way they voted was way beyond compare: operating a three-decade old bill of rights in New Zealand. New Zealand Universities Law Review, 30 (3), 321-339.
2023
Journal Article
Attacking the 'New Right', Australian law reviews and the peer review process
Allan, James (2023). Attacking the 'New Right', Australian law reviews and the peer review process. SSRN Electronic Journal. doi: 10.2139/ssrn.4383837
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.
2022
Journal Article
A quota by any other name?
Allan, James (2022). A quota by any other name?. Constitutional Commentary, 37 (1), 83-96.
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.
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.
2022
Conference Publication
What motivates written constitutionalism
Allan, James (2022). What motivates written constitutionalism. Danube Institute , Budapest, Hungary, 19 January 2022.
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.
2022
Journal Article
Wokery and High Court 'Otherness'
Allan, James (2022). Wokery and High Court 'Otherness'. The Western Australian Jurist, 12, 9-26.
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.
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.
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.
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.
Supervision
Availability
- Professor James Allan is:
- Available for supervision
Before you email them, read our advice on how to contact a supervisor.
Available projects
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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
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Doctor Philosophy
Hume's Constitutionalism: History and Human Nature in the Constitutional Thought of David Hume
Principal Advisor
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Doctor Philosophy
The Universal Franchise: The Protection of Voting Rights under the Australian Constitution
Principal Advisor
Other advisors: Professor Nicholas Aroney
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Doctor Philosophy
The universal franchise: the protection of voting rights under the Australian Constitution
Principal Advisor
Other advisors: Professor Nicholas Aroney
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Doctor Philosophy
Hume's Constitutionalism: History and Human Nature in the Constitutional Thought of David Hume
Principal Advisor
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Doctor Philosophy
Hume's Constitutionalism: History and Human Nature in the Constitutional Thought of David Hume
Principal Advisor
Completed supervision
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2024
Doctor Philosophy
Waldron's Conception of the Rule of Law and Legal Theory
Associate Advisor
Other advisors: Dr Matt Watson, Dr Robert Mullins
Media
Enquiries
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