
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
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.
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.
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
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.
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
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.
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. doi: 10.4324/9781315551777
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
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.
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.
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
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.
2010
Journal Article
Down Under Exceptionalism
Allan, James (2010). Down Under Exceptionalism. University of Queensland Law Journal, 29 (1), 143-153.
2009
Journal Article
Of newspapers and law reviews
James Allan (2009). Of newspapers and law reviews. Public Law Review, 20 (4), 251-256.
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.
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.
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.
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.
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.
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
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
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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
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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