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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

81 - 100 of 134 works

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.

Bills of rights as centralising instruments

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

Is you or is you ain't Hart's baby? Epstein's minimum content of Natural Law

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.

The citation of overseas authority in rights litigation in New Zealand: How much bark? How much bite?

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

The paradox of sovereignity: Jackson and the hunt for a new rule of recognition

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

Thin beats fat yet again: Conceptions of democracy

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

The vacuous concept of dignity

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.

Bills of Rights As Centralising Instruments

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.

A life of H.L.A. Hart: the nightmare and the noble dream

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.

Waldron and opposing judicial review - Except, sort of, in New Zealand

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.

Judicial appointments in New Zealand : If it were done when 'tis done, then 'twere well it were done openly and directly

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

Portia, Bassanio or Dick the Butcher? Constraining judges in the twenty-first century

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.

The Victorian Charter of Human Rights and responsibilities: Exegesis and criticism

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.

Constitutional rights coming home to roost? Rights internationalism in American courts

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.

Doing Things the Hurd Way: A Map for all Reasons?

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.

Changing the Voting System or Creating a Brand New Highest Court - Is one more Constitutionally Fundamental than the other in a Liberal Democracy?

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.

Human Rights - Can we afford to leave them to the judges?

2005

Journal Article

'Do the right thing' judging? The High Court of Australia in Al-Kateb

Allan, James (2005). 'Do the right thing' judging? The High Court of Australia in Al-Kateb. University of Queensland Law Journal, 24 (1), 1-34.

'Do the right thing' judging? The High Court of Australia in Al-Kateb

2004

Book Chapter

Interpreting Statutory Bills of Rights: The Deleterious Effects of 'Do the Right Thing' Thinking

Allan, J. F. P. (2004). Interpreting Statutory Bills of Rights: The Deleterious Effects of 'Do the Right Thing' Thinking. The Statute: Making and Meaning. (pp. 285-298) edited by Bigwood, R.. Wellington: LexisNexis.

Interpreting Statutory Bills of Rights: The Deleterious Effects of 'Do the Right Thing' Thinking

2004

Journal Article

Essays, Moral, Political and Economic, S. Brittan (Edinburgh University Press, 1998)

Allan, James F. P. (2004). Essays, Moral, Political and Economic, S. Brittan (Edinburgh University Press, 1998). Otago Law Review, 10 (4), 677-678.

Essays, Moral, Political and Economic, S. Brittan (Edinburgh University Press, 1998)

2004

Journal Article

Human rights in Australia: Treaties, statutes and cases

Allan, James (2004). Human rights in Australia: Treaties, statutes and cases. The University of Queensland Law Journal, 23 (1), 252-254.

Human rights in Australia: Treaties, statutes and cases

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

    Hume's Constitutionalism: History and Human Nature in the Constitutional Thought of David Hume

    Principal Advisor

  • Doctor Philosophy

    The universal franchise: the protection of voting rights under the Australian Constitution

    Principal Advisor

    Other advisors: Professor Nicholas Aroney

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