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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

41 - 60 of 134 works

2017

Journal Article

Majoritarianism

Allan, James (2017). Majoritarianism. Bond Law Review, 29 (2), 187-196. doi: 10.53300/001c.5651

Majoritarianism

2017

Book Chapter

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

Allan, James (2017). The view from down under: freedom of the press in Canada. The unfulfilled promise of press freedom in Canada. (pp. 220-232) edited by Lisa Taylor and Cara-Marie O’Hagan. Toronto, ON Canada: University of Toronto Press.

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

2016

Book Chapter

A professor's progress: John Smillie on Bills of Rights

Allan, James F. P. (2016). A professor's progress: John Smillie on Bills of Rights. The search for certainty: Essays in honour of John Smillie. (pp. 19-35) edited by Shelley Griffiths, Mark Henaghan and M.B. Rodriguez Ferrere. New Zealand: Thomson Reuters.

A professor's progress: John Smillie on Bills of Rights

2016

Book Chapter

Is talk of the quality of judging sometimes strained, feigned or not sustained?

Allan, James (2016). Is talk of the quality of judging sometimes strained, feigned or not sustained?. Judicial independence: contemporary challenges, future directions. (pp. 64-75) edited by Rebecca Ananian-Welsh and Jonathan Crowe. Annandale, NSW, Australia: Federation Press.

Is talk of the quality of judging sometimes strained, feigned or not sustained?

2015

Journal Article

Against written constitutionalism

Allan, James (2015). Against written constitutionalism. Otago Law Review, 14 (1), 191-204.

Against written constitutionalism

2015

Journal Article

The Glorious Revolution and the Rule of Recognition

Allan, James F. P. (2015). The Glorious Revolution and the Rule of Recognition. Constitutional Commentary, 30 (3), 509-520.

The Glorious Revolution and the Rule of Recognition

2015

Book Chapter

The activist judge – vanity of vanities

Allan, James (2015). The activist judge – vanity of vanities. Judicial Activism: an interdisciplinary approach to the American and European experiences. (pp. 71-87) edited by Luis Pereira Coutinho, Massimo La Torre and Steven D. Smith. Dordrecht, The Netherlands: Springer Netherlands. doi: 10.1007/978-3-319-18549-1_6

The activist judge – vanity of vanities

2015

Journal Article

Pusillanimous parliamentarians

Allan, James (2015). Pusillanimous parliamentarians. Australian Parliamentary Review, 30 (2), 155-163.

Pusillanimous parliamentarians

2015

Journal Article

Australian originalism without a bill of rights: going down the drain with a different spin

James Allan (2015). Australian originalism without a bill of rights: going down the drain with a different spin. The Western Australian Jurist, 6, 1-32.

Australian originalism without a bill of rights: going down the drain with a different spin

2014

Journal Article

Collegiality in the Law School

Allan, James (2014). Collegiality in the Law School. University of Queensland Law Journal, 33 (2), 391-396.

Collegiality in the Law School

2014

Journal Article

Ineffective, Opaque and Undemocratic - the IOUs of (too Much) International Law, and Why a Bit of Skepticism is Warranted

Allan, James F. P. (2014). Ineffective, Opaque and Undemocratic - the IOUs of (too Much) International Law, and Why a Bit of Skepticism is Warranted. San Diego Law Review.

Ineffective, Opaque and Undemocratic - the IOUs of (too Much) International Law, and Why a Bit of Skepticism is Warranted

2013

Journal Article

Hate speech law and disagreement. The Harm In Hate Speech. By Jeremy Waldron

Allan, James (2013). Hate speech law and disagreement. The Harm In Hate Speech. By Jeremy Waldron. Constitutional Commentary, 29 (1), 59-79.

Hate speech law and disagreement. The Harm In Hate Speech. By Jeremy Waldron

2013

Journal Article

The idea of human rights

Allan, James (2013). The idea of human rights. Bond Law Review, 25 (1), 1-12.

The idea of human rights

2013

Journal Article

Free speech is far too important to be left to unelected judges

Allan, James (2013). Free speech is far too important to be left to unelected judges. The Western Australian Jurist, 4, 5-22.

Free speech is far too important to be left to unelected judges

2013

Journal Article

The Vantage of Law: Author's response to the commentators

Allan, James (2013). The Vantage of Law: Author's response to the commentators. Australian Journal of Legal Philosophy, 38, 183-196.

The Vantage of Law: Author's response to the commentators

2012

Journal Article

Reflections on 'The Concept of Law'

Allan, James (2012). Reflections on 'The Concept of Law'. King's Law Journal, 23 (3), 331-343. doi: 10.5235/KLJ.23.3.329

Reflections on 'The Concept of Law'

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

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

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

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