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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

138 works between 1990 and 2025

101 - 120 of 138 works

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?

2004

Journal Article

Human Rights in Australia: Treaties, Statutes and Cases, M. Flynn (LexisNexis, 2003)

Allan, James F. P. (2004). Human Rights in Australia: Treaties, Statutes and Cases, M. Flynn (LexisNexis, 2003). University of Queensland Law Journal, 23 (1), 252-254.

Human Rights in Australia: Treaties, Statutes and Cases, M. Flynn (LexisNexis, 2003)

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

2004

Journal Article

An unashamed majoritarian

Allan, James (2004). An unashamed majoritarian. Dalhousie Law Journal, 27 (2), 537-553.

An unashamed majoritarian

2004

Journal Article

Against the Idols of the Age, D. Stove (Transaction Publishers, 1999)

Allan, James F. P. (2004). Against the Idols of the Age, D. Stove (Transaction Publishers, 1999). Otago Law Review, 11 (4), 695-697.

Against the Idols of the Age, D. Stove (Transaction Publishers, 1999)

2003

Journal Article

Paying for the comfort of dogma

Allan, James (2003). Paying for the comfort of dogma. Sydney Law Review, 25 (1), 63-73.

Paying for the comfort of dogma

2003

Book Chapter

A defence of the status quo

Allan, J. F. P. (2003). A defence of the status quo. Protecting Human Rights: Instruments and Institutions. (pp. 175-194) edited by T. Campbell, J. Goldsworthy and A. Stone. Oxford, U.K.: Oxford University Press.

A defence of the status quo

2003

Journal Article

The author doth protest too much, methinks

Allan, James (2003). The author doth protest too much, methinks. New Zealand Universities Law Review, 20 (4), 519-532.

The author doth protest too much, methinks

2003

Journal Article

A modest proposal

Allan, J. (2003). A modest proposal. Oxford Journal of Legal Studies, 23 (2), 197-210. doi: 10.1093/ojls/23.2.197

A modest proposal

2002

Journal Article

Parliamentary privilege: Will the empire strike back?

Allan, James F. (2002). Parliamentary privilege: Will the empire strike back?. New Zealand Universities Law Review, 20 (2), 205-219.

Parliamentary privilege: Will the empire strike back?

2002

Journal Article

Oh that I were made judge in the land

Allan, J. (2002). Oh that I were made judge in the land. Federal Law Review, 30 (3), 561-576.

Oh that I were made judge in the land

2002

Book

Sympathy and antipathy: essays legal and philosophical

Allan, James (2002). Sympathy and antipathy: essays legal and philosophical. Aldershot, Hants, United Kingdom: Ashgate.

Sympathy and antipathy: essays legal and philosophical

2002

Book Chapter

Rights, paternalism, constitutions and judges

Allan, J. (2002). Rights, paternalism, constitutions and judges. Litigating rights: perspectives from domestic and international law. (pp. 29-46) edited by Grant Huscroft and Paul Rishworth. Oxford, United Kingdom: Hart Publishing.

Rights, paternalism, constitutions and judges

2001

Book Chapter

The Effect of a Statutory Bill of Rights Where Parliament is Sovereign: The Lesson from New Zealand

James Allan (2001). The Effect of a Statutory Bill of Rights Where Parliament is Sovereign: The Lesson from New Zealand. Sceptical Essays on The Human Rights Act 1998. (pp. 375-390) edited by T Campbell, KD Ewing and A Tomkins. New York: Oxford University Press. doi: 10.1093/acprof:oso/9780199246687.001.0001

The Effect of a Statutory Bill of Rights Where Parliament is Sovereign: The Lesson from New Zealand

2001

Journal Article

Moral Conflict and Legal Reasoning, S. Veitch (Hart Publishing, 1999)

Allan, James F.P. (2001). Moral Conflict and Legal Reasoning, S. Veitch (Hart Publishing, 1999). Journal of Law and Society, 28 (3), 443-450.

Moral Conflict and Legal Reasoning, S. Veitch (Hart Publishing, 1999)

2000

Journal Article

The Problematics of Moral and Legal Theory, R. Posner (Harvard Law Review, 1998 and Harvard Unveristy Press, 1999)

Allan, James F. P. (2000). The Problematics of Moral and Legal Theory, R. Posner (Harvard Law Review, 1998 and Harvard Unveristy Press, 1999). Otago Law Review, 9 (4), 759-765.

The Problematics of Moral and Legal Theory, R. Posner (Harvard Law Review, 1998 and Harvard Unveristy Press, 1999)

2000

Journal Article

A tale of two scepticisms or relying on what comes naturally or the problem with deriving an epistemology from literary theory

Allan, James (2000). A tale of two scepticisms or relying on what comes naturally or the problem with deriving an epistemology from literary theory. Journal of Applied Philosophy, 17 (2), 181-194. doi: 10.1111/1468-5930.00152

A tale of two scepticisms or relying on what comes naturally or the problem with deriving an epistemology from literary theory

2000

Journal Article

Constitutional Interpretation v Statutory Interpretation: Understanding the Attractions of 'Original Intent'

James Allan (2000). Constitutional Interpretation v Statutory Interpretation: Understanding the Attractions of 'Original Intent'. Legal Theory, 6 (1), 109-126.

Constitutional Interpretation v Statutory Interpretation: Understanding the Attractions of 'Original Intent'

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

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

    Principal Advisor

    Other advisors: Dr Simon Kennedy

  • Doctor Philosophy

    The Universal Franchise: The Protection of Voting Rights under the Australian Constitution

    Principal Advisor

    Other advisors: Professor Nicholas Aroney

  • Doctor Philosophy

    The Universal Franchise: The Protection of Voting Rights under the Australian Constitution

    Principal Advisor

    Other advisors: Professor Nicholas Aroney

  • 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