
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
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.
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
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
2020
Conference Publication
The High Court of Australia's decision in the Love case
Allan, J. (2020). The High Court of Australia's decision in the Love case. Samuel Griffith Society, Virtual, May 2020.
2020
Journal Article
Judit Varga, Hungary and the rule of law
Allan, James (2020). Judit Varga, Hungary and the rule of law. Hungarian Review, 11 (2).
2020
Book Chapter
A Humean take on religious freedom
Allan, James (2020). A Humean take on religious freedom. Forgotten freedom no more: protecting religious liberty in Australia, analysis and perspectives. (pp. 133-142) edited by Robert Forsyth and Peter Kurti. Redland Bay, QLD, Australia: Connor Court Publishing.
2020
Journal Article
A tribute to Australia's killer of 'living constitutionalism' and 'common law constitutionalism
Allan, James (2020). A tribute to Australia's killer of 'living constitutionalism' and 'common law constitutionalism. Public Law Review, 31 (1), 86-94.
2020
Journal Article
Politicians, the Press and 'Skin in the Game'
Allan, James (2020). Politicians, the Press and 'Skin in the Game'. The Western Australian Jurist, 11, 41-55.
2020
Journal Article
Constitutional interpretation wholly unmoored from constitutional text: Can the HCA fix its own mess?
Allan, James (2020). Constitutional interpretation wholly unmoored from constitutional text: Can the HCA fix its own mess?. Federal Law Review, 48 (1), 30-45. doi: 10.1177/0067205X19890432
2020
Journal Article
Review of Law under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy
Allan, James (2020). Review of Law under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy. Public Law Review, 31 (1), 86-94.
2019
Journal Article
Reply to “How Foot Voting Enhances Political Freedom”
Allan, James (2019). Reply to “How Foot Voting Enhances Political Freedom”. San Diego Law Review, 56 (4), 1121-1128.
2019
Journal Article
Procedural innovation and the surreptitious creation of judicial supremacy in the United Kingdom
Campbell, David and Allan, James (2019). Procedural innovation and the surreptitious creation of judicial supremacy in the United Kingdom. Journal of Law and Society, 46 (3), 347-366. doi: 10.1111/jols.12167
2019
Book Chapter
The administration of Australian universities: a national scandal? Or amiss in funderland?
Allan, James (2019). The administration of Australian universities: a national scandal? Or amiss in funderland?. Campus meltdown: the deepening crisis in Australian universities. (pp. 23-42) edited by William O. Coleman. Redland Bay, QLD, Australia: Connor Court Publishing.
2019
Journal Article
In Honor of a Simple-Minded Orignalist
Allan, James (2019). In Honor of a Simple-Minded Orignalist. Constitutional Commentary, 34, 401-417.
2018
Journal Article
Informal constitutionalism and the role of politics
Allan, James (2018). Informal constitutionalism and the role of politics. e-Pública, 5 (3), 60-75.
2018
Journal Article
Constitutionalism, politics and judicial power
Allan, James (2018). Constitutionalism, politics and judicial power. Hungarian Review, 9 (3), 52-61.
2018
Journal Article
Democracy, liberalism and Brexit
Allan, James (2018). Democracy, liberalism and Brexit. Cardozo Law Review, 39 (3), 879-904.
2018
Book Chapter
Ronald Dworkin and free speech
Allan, James (2018). Ronald Dworkin and free speech. Dignity in the legal and political philosophy of Ronald Dworkin. (pp. 300-312) edited by Salman Khurshid, Lokendra Malik and Veronica Rodriguez-Blanco. Oxford, United Kingdom: Oxford University Press.
2018
Journal Article
Revisiting the Hart-Devlin debate
Allan, James (2018). Revisiting the Hart-Devlin debate. SSRN Electronic Journal, 423-439. doi: 10.2139/ssrn.3165286
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
Other advisors: Dr Simon Kennedy
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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
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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2025
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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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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