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
Research impacts
Allan is a world-leading sceptic of bills of rights and critic of judicial supremacism and a forceful, vocal supporter of free speech. He has written and given keynote lectures on these topics, and on many others, in the US, Britain, Europe and Canada. He is often invited onto podcasts. He regularly delivers one of the invited talks to the Samuel Griffith Society annual conference in Australia. Allan’s most recent book is The Age of Foolishness: A Doubter’s Guide to Constitutionalism in a Modern Democracy (2022). Allan was also an international and well-known critic of lockdowns during Covid. He was published on the topic around the world, including in the American edited book Canary in the (Post) Covid World (2024), while also appearing regularly on TV, podcasts, radio and in the regular media on the topic throughout the two and a half years of government heavy-handedness. Allan has published well over a hundred peer-reviewed articles, forty-odd book chapters, six books and he has edited three other books. Allan was also commissioned in 2022 to write the ‘Report on He Puapua’ for a think tank in New Zealand. Allan worked hard for eighteen months to help defeat ‘The Voice’ proposed constitutional amendment in Australia, including being invited to author the main ‘No’ piece in the Australian Law Journal (2023) read by lawyers and judges. Allan is also a vocal critic of university governance in the anglosphere, especially in Australia and Canada. He is a founding board member of the Free Speech Union Australia, a founding member of Australians for Science and Freedom and has been invited to be on the inaugural board of the International Reagan-Thatcher society. Allan also has a weekly column in the Spectator Australia while writing regularly for the US’s Law & Liberty, Britain’s Daily Sceptic, and sporadically for other outlets around the Anglosphere.
Works
Search Professor James Allan’s works on UQ eSpace
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.
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
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.
2017
Journal Article
Majoritarianism
Allan, James (2017). Majoritarianism. Bond Law Review, 29 (2), 187-196. doi: 10.53300/001c.5651
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.
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.
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.
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.
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.
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
2015
Journal Article
Pusillanimous parliamentarians
Allan, James (2015). Pusillanimous parliamentarians. Australian Parliamentary Review, 30 (2), 155-163.
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.
2015
Journal Article
Against written constitutionalism
Allan, James (2015). Against written constitutionalism. Otago Law Review, 14 (1), 191-204.
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.
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.
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.
2013
Journal Article
The idea of human rights
Allan, James (2013). The idea of human rights. Bond Law Review, 25 (1), 1-12.
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.
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.
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
Supervision
Availability
- Professor James Allan is:
- Available for supervision
Looking for a supervisor? Read our advice on how to choose 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
Completed supervision
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2025
Doctor Philosophy
The Constitutional Thought of David Hume: History, Human Nature and Institutions
Principal Advisor
Other advisors: Dr Simon Kennedy
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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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