Skip to menu Skip to content Skip to footer
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

61 - 80 of 134 works

2011

Book Chapter

Utilitarianism and liberty

Allan, James (2011). Utilitarianism and liberty. Jurisprudence of Liberty. (pp. 331-342) edited by Suri Ratnapala and Gabriel A Moens. Chatswood, NSW, Australia: Lexis Nexis Butterworths.

Utilitarianism and liberty

2011

Book Chapter

Statutory Bills of Rights: You read words in, you read words out, you take Parliament's clear intention and you shake it all about - Doin' the sankey hanky panky

Allan, James (2011). Statutory Bills of Rights: You read words in, you read words out, you take Parliament's clear intention and you shake it all about - Doin' the sankey hanky panky. The legal protection of Human Rights: Sceptical Essays. (pp. 108-126) edited by Tom Campbell, K. D. Ewing and Adam Tomkins. Oxford, United Kingdom: Oxford University Press. doi: 10.1093/acprof:oso/9780199606078.003.0006

Statutory Bills of Rights: You read words in, you read words out, you take Parliament's clear intention and you shake it all about - Doin' the sankey hanky panky

2011

Book Chapter

Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'

Allan, James (2011). Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'. Modern challenges to the rule of law. (pp. 79-92) edited by Richard Ekins. Wellington, New Zealand: LexisNexis New Zealand.

Reasonable disagreement and the diminution of democracy: Joseph's Morally laden understanding of 'The Rule of Law'

2011

Book

The vantage of law: Its role in thinking about law, judging and bills of rights

Allan, James (2011). The vantage of law: Its role in thinking about law, judging and bills of rights. Farnham, Surrey, United Kingdom: Ashgate Publishing.

The vantage of law: Its role in thinking about law, judging and bills of rights

2011

Book Chapter

The curious concept of the 'living tree' (or non-locked-in) constitution

Allan, James (2011). The curious concept of the 'living tree' (or non-locked-in) constitution. The challenge of originalism: Theories of constituional interpretation. (pp. 179-202) edited by Grant Huscroft and Bradley Miller. Cambridge, United Kingdom: Cambridge University Press. doi: 10.1017/CBO9781139003926.010

The curious concept of the 'living tree' (or non-locked-in) constitution

2010

Journal Article

You don't always get what you pay for: No Bill of Rights for Australia

Allan, James (2010). You don't always get what you pay for: No Bill of Rights for Australia. New Zealand Universities Law Review, 24 (2), 179-196.

You don't always get what you pay for: No Bill of Rights for Australia

2010

Journal Article

Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?

Allan, James (2010). Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?. King's Law Journal, 21 (2), 233-256. doi: 10.5235/096157610792240704

Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?

2010

Book Chapter

Dialogues concerning natural religion

Allan, James F. P. (2010). Dialogues concerning natural religion. 100 great books of liberty: The essential introduction to the greatest idea of Western Civilisation. (pp. 33-36) edited by Chris Berg, John Roskam and Andrew Kemp. Ballan, VIC, Australia: Connor Court Publishing.

Dialogues concerning natural religion

2010

Journal Article

Down Under Exceptionalism

Allan, James (2010). Down Under Exceptionalism. University of Queensland Law Journal, 29 (1), 143-153.

Down Under Exceptionalism

2009

Book Chapter

Misgoverning universities

Allan, James F. P. (2009). Misgoverning universities. The Howard era. (pp. 456-468) edited by Keith Windschuttle, David Martin Jones and Ray Evans. Balmain, NSW, Australia: Quadrant Books.

Misgoverning universities

2009

Journal Article

Meagher's mischaracterisations of majoritarianism: A reply

Allan, James (2009). Meagher's mischaracterisations of majoritarianism: A reply. King's Law Journal, 20 (1), 115-128. doi: 10.1080/09615768.2009.11427723

Meagher's mischaracterisations of majoritarianism: A reply

2009

Journal Article

A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG

Allan, James and Kirby, Michael (2009). A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG. Melbourne University Law Review, 33 (3), 1032-1057.

A public conversation on constitutionalism and the judiciary between Professor James Allan and The Hon Michael Kirby AC CMG

2009

Journal Article

Of newspapers and law reviews

James Allan (2009). Of newspapers and law reviews. Public Law Review, 20 (4), 251-256.

Of newspapers and law reviews

2009

Book Chapter

What's wrong about a statutory bill of rights

Allan, James F. P. (2009). What's wrong about a statutory bill of rights. Don't leave us with the bill: The case against an Australian bill of rights. (pp. 83-95) edited by Julian Leeser and Ryan Haddrick. Barton, ACT, Australia: The Menzies Research Centre.

What's wrong about a statutory bill of rights

2009

Journal Article

Tom Campbell and Democratic Legal Positivism

Allan, James F.P. (2009). Tom Campbell and Democratic Legal Positivism. Australian Journal of Legal Philosophy, 34 (2009), 283-293.

Tom Campbell and Democratic Legal Positivism

2009

Book Chapter

How John Howard saved the constitution

Allan, James F.P. (2009). How John Howard saved the constitution. The Howard era. (pp. 57-78) edited by Keith Windschuttle, David Martin Jones and Ray Evans. Balmain, NSW, Australia: Quadrant Books.

How John Howard saved the constitution

2009

Journal Article

Implied Rights and Federalism: Inventing Intentions While Ignoring Them

Allan, James F.P. (2009). Implied Rights and Federalism: Inventing Intentions While Ignoring Them. University of Western Australia Law Review, 34 (2), 228-237.

Implied Rights and Federalism: Inventing Intentions While Ignoring Them

2008

Journal Article

An Uncommon Court: How the High Court of Australia Has Undermined Australian Federalism

Allan, James and Aroney, Nicholas (2008). An Uncommon Court: How the High Court of Australia Has Undermined Australian Federalism. Sydney Law Review, 30 (2), 245-294.

An Uncommon Court: How the High Court of Australia Has Undermined Australian Federalism

2008

Journal Article

Jeremy Waldron and the Philosopher's Stone

J Allan (2008). Jeremy Waldron and the Philosopher's Stone. San Diego Law Review, 45 (1), 133-162.

Jeremy Waldron and the Philosopher's Stone

2008

Book Chapter

The Travails of Justice Waldron

J Allan (2008). The Travails of Justice Waldron. Expounding the Constitution. (pp. 161-183) edited by G Huscroft. New York: Cambridge University Press. doi: 10.1017/CBO9780511511042.009

The Travails of Justice Waldron

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