
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
-
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
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.
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.
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.
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.
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.
2004
Journal Article
An unashamed majoritarian
Allan, James (2004). An unashamed majoritarian. Dalhousie Law Journal, 27 (2), 537-553.
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.
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.
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.
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.
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
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.
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.
2002
Book
Sympathy and antipathy: essays legal and philosophical
Allan, James (2002). Sympathy and antipathy: essays legal and philosophical. Aldershot, Hants, United Kingdom: Ashgate.
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.
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
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.
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.
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
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.
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
-
2025
Doctor Philosophy
The Universal Franchise: The Protection of Voting Rights under the Australian Constitution
Principal Advisor
Other advisors: Professor Nicholas Aroney
-
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
For media enquiries about Professor James Allan's areas of expertise, story ideas and help finding experts, contact our Media team: