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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

21 - 40 of 134 works

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.

The High Court of Australia's decision in the Love case

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).

Judit Varga, Hungary and the rule of law

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.

A Humean take on religious freedom

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.

A tribute to Australia's killer of 'living constitutionalism' and 'common law constitutionalism

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.

Politicians, the Press and 'Skin in the Game'

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

Constitutional interpretation wholly unmoored from constitutional text: Can the HCA fix its own mess?

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.

Review of Law under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy

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.

Reply to “How Foot Voting Enhances Political Freedom”

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

Procedural innovation and the surreptitious creation of judicial supremacy in the United Kingdom

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.

The administration of Australian universities: a national scandal? Or amiss in funderland?

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.

In Honor of a Simple-Minded Orignalist

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.

Informal constitutionalism and the role of politics

2018

Journal Article

Constitutionalism, politics and judicial power

Allan, James (2018). Constitutionalism, politics and judicial power. Hungarian Review, 9 (3), 52-61.

Constitutionalism, politics and judicial power

2018

Journal Article

Democracy, liberalism and Brexit

Allan, James (2018). Democracy, liberalism and Brexit. Cardozo Law Review, 39 (3), 879-904.

Democracy, liberalism and Brexit

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.

Ronald Dworkin and free speech

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

Revisiting the Hart-Devlin debate

2017

Journal Article

Do Judges Know Best? Democracy and political ignorance: why smaller government is smarter.By Ilya Somin.1 Stanford, Cal.: Stanford University Press. 2016 (Second Edition)

Allan, James F. P. (2017). Do Judges Know Best? Democracy and political ignorance: why smaller government is smarter.By Ilya Somin.1 Stanford, Cal.: Stanford University Press. 2016 (Second Edition). Constitutional Commentary, 32, 479-492.

Do Judges Know Best? Democracy and political ignorance: why smaller government is smarter.By Ilya Somin.1 Stanford, Cal.: Stanford University Press. 2016 (Second Edition)

2017

Journal Article

One of my favorite judges: constitutional interpretation, democracy and Antonin Scalia

Allan, James (2017). One of my favorite judges: constitutional interpretation, democracy and Antonin Scalia. British Journal of American Legal Studies, 6 (1), 25-40. doi: 10.1515/bjals-2017-0003

One of my favorite judges: constitutional interpretation, democracy and Antonin Scalia

2017

Journal Article

Revisiting the Hart-Devlin debate: at the periphery and by the numbers

Allan, James (2017). Revisiting the Hart-Devlin debate: at the periphery and by the numbers. San Diego Law Review, 54 (2), 423-439.

Revisiting the Hart-Devlin debate: at the periphery and by the numbers

2017

Journal Article

A democratic legal positivist’s defence of Scotland’s “bastard verdict”

Allan, James (2017). A democratic legal positivist’s defence of Scotland’s “bastard verdict”. Australian Journal of Legal Philosophy, 42, 214-227.

A democratic legal positivist’s defence of Scotland’s “bastard verdict”

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