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
Research impacts
Allan is a world-leading sceptic of bills of rights and critic of judicial supremacism and a forceful, vocal supporter of free speech. He has written and given keynote lectures on these topics, and on many others, in the US, Britain, Europe and Canada. He is often invited onto podcasts. He regularly delivers one of the invited talks to the Samuel Griffith Society annual conference in Australia. Allan’s most recent book is The Age of Foolishness: A Doubter’s Guide to Constitutionalism in a Modern Democracy (2022). Allan was also an international and well-known critic of lockdowns during Covid. He was published on the topic around the world, including in the American edited book Canary in the (Post) Covid World (2024), while also appearing regularly on TV, podcasts, radio and in the regular media on the topic throughout the two and a half years of government heavy-handedness. Allan has published well over a hundred peer-reviewed articles, forty-odd book chapters, six books and he has edited three other books. Allan was also commissioned in 2022 to write the ‘Report on He Puapua’ for a think tank in New Zealand. Allan worked hard for eighteen months to help defeat ‘The Voice’ proposed constitutional amendment in Australia, including being invited to author the main ‘No’ piece in the Australian Law Journal (2023) read by lawyers and judges. Allan is also a vocal critic of university governance in the anglosphere, especially in Australia and Canada. He is a founding board member of the Free Speech Union Australia, a founding member of Australians for Science and Freedom and has been invited to be on the inaugural board of the International Reagan-Thatcher society. Allan also has a weekly column in the Spectator Australia while writing regularly for the US’s Law & Liberty, Britain’s Daily Sceptic, and sporadically for other outlets around the Anglosphere.
Works
Search Professor James Allan’s works on UQ eSpace
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.
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.
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.
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
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.
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
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.
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.
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.
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
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
Looking for a supervisor? Read our advice on how to choose 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
Completed supervision
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2025
Doctor Philosophy
The Constitutional Thought of David Hume: History, Human Nature and Institutions
Principal Advisor
Other advisors: Dr Simon Kennedy
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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
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