
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
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.
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.
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.
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
2007
Journal Article
Bills of rights as centralising instruments
Allan, J. F. P. (2007). Bills of rights as centralising instruments. Adelaide Law Review, 27 (1), 183-198.
2007
Journal Article
Is you or is you ain't Hart's baby? Epstein's minimum content of Natural Law
Allan, J. F. P. (2007). Is you or is you ain't Hart's baby? Epstein's minimum content of Natural Law. Ratio Juris, 20 (2), 213-229. doi: 10.1111/j.1467-9337.2007.00356.x
2007
Journal Article
The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?
Allan, J. F. P., Huscroft, G. and Lynch, N. (2007). The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?. Otago Law Review, 11 (3), 433-467.
2007
Journal Article
The paradox of sovereignity: Jackson and the hunt for a new rule of recognition
Allan, J. F. P. (2007). The paradox of sovereignity: Jackson and the hunt for a new rule of recognition. King's Law Journal, 18 (1), 1-22. doi: 10.1080/09615768.2007.11427662
2006
Journal Article
Thin beats fat yet again: Conceptions of democracy
Allan, James (2006). Thin beats fat yet again: Conceptions of democracy. Law and Philosophy, 25 (5), 533-559. doi: 10.1007/s10982-006-0004-x
2006
Journal Article
The vacuous concept of dignity
Allan, James and Bagaric, Mirko (2006). The vacuous concept of dignity. Journal of Human Rights, 5 (2), 257-270. doi: 10.1080/14754830600653603
2006
Conference Publication
Bills of Rights As Centralising Instruments
James Allan (2006). Bills of Rights As Centralising Instruments. 18th Conference of The Samuel Griffith Society, University House, Canberra, ACT, 26--28 May, 2006. South Australia: The Samuel Griffith Society.
2006
Journal Article
A life of H.L.A. Hart: the nightmare and the noble dream
Allan, James (2006). A life of H.L.A. Hart: the nightmare and the noble dream. Otago Law Review, 11 (2), 327-329.
2006
Journal Article
Waldron and opposing judicial review - Except, sort of, in New Zealand
Allan, James F. P. and Geddis, Andrew (2006). Waldron and opposing judicial review - Except, sort of, in New Zealand. New Zealand Law Journal, 2, 94-97.
2006
Book Chapter
Judicial appointments in New Zealand : If it were done when 'tis done, then 'twere well it were done openly and directly
Allan, James (2006). Judicial appointments in New Zealand : If it were done when 'tis done, then 'twere well it were done openly and directly. Appointing judges in an age of judicial power. (pp. 103-121) edited by Kate Malleson and Peter H. Russell. Toronto, Canada: University of Toronto Press. doi: 10.3138/9781442670921-008
2006
Journal Article
Portia, Bassanio or Dick the Butcher? Constraining judges in the twenty-first century
Allan, James (2006). Portia, Bassanio or Dick the Butcher? Constraining judges in the twenty-first century. King's College Law Journal, 17 (1), 1-26. doi: 10.1080/09615768.2006.11427627
2006
Journal Article
The Victorian Charter of Human Rights and responsibilities: Exegesis and criticism
Allan, J. F. P. (2006). The Victorian Charter of Human Rights and responsibilities: Exegesis and criticism. Melbourne University Law Review, 30 (3), 906-922.
2006
Journal Article
Constitutional rights coming home to roost? Rights internationalism in American courts
Allan, James and Huscroft, Grant (2006). Constitutional rights coming home to roost? Rights internationalism in American courts. San Diego Law Review, 43 (1), 1-59.
2005
Journal Article
Doing Things the Hurd Way: A Map for all Reasons?
Allan, J. F. P. (2005). Doing Things the Hurd Way: A Map for all Reasons?. Australian Journal of Legal Philosophy, 30, 59-81.
2005
Journal Article
Changing the Voting System or Creating a Brand New Highest Court - Is one more Constitutionally Fundamental than the other in a Liberal Democracy?
Allan, J. F. P. (2005). Changing the Voting System or Creating a Brand New Highest Court - Is one more Constitutionally Fundamental than the other in a Liberal Democracy?. Otago Law Review, 11 (1), 17-31.
2005
Journal Article
Human Rights - Can we afford to leave them to the judges?
Allan, J. F. P. (2005). Human Rights - Can we afford to leave them to the judges?. Commonwealth Judicial Journal, 16 (2), 4-11.
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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