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
1999
Journal Article
Waitangi: Morality and Reality, K. Minogue (NZBR, 1998)
Allan, James F. P. (1999). Waitangi: Morality and Reality, K. Minogue (NZBR, 1998). Otago Law Review, 9 (3), 587-593.
1999
Book Chapter
Lon Fuller's 'The Case of the Speluncean Explorers'
James Allan (1999). Lon Fuller's 'The Case of the Speluncean Explorers'. Rediscovering Fuller. (pp. 411-424) edited by W Witteveen and W van der Burg. Amsterdam: Amsterdam University Press.
1999
Journal Article
Internal and Engaged or External and Detached?
Allan, James F.P. (1999). Internal and Engaged or External and Detached?. Canadian Journal of Law and Jurisprudence, 12 (1 (Special Issue on Legal Theory)), 5-16.
1998
Book Chapter
A Post-Speluncean Dialogue
James Allan (1998). A Post-Speluncean Dialogue. The Speluncean Case: Making Jurisprudence Seriously Enjoyable. (pp. 69-92) edited by James Allan. Little London, UK: Barry Rose Law Publisher.
1998
Journal Article
A Doubter's Guide to Law and Natural Rights
Allan, James F.P. (1998). A Doubter's Guide to Law and Natural Rights. Victoria University of Wellington Law Review, 28 (Special Issue on Ethics and the Law), 243-262.
1998
Book
The Speluncean Case: Making Jurisprudence Seriously Enjoyable
James Allan (1998). The Speluncean Case: Making Jurisprudence Seriously Enjoyable. 1st ed. Little London, UK: Barry Rose.
1998
Book
A Sceptical Theory of Morality and Law
James Allan (1998). A Sceptical Theory of Morality and Law. 1st ed. New York: Peter Lang.
1997
Journal Article
Hoisting Grayson with Baigent's Petard
James Allan (1997). Hoisting Grayson with Baigent's Petard. New Zealand Bill of Rights Bulletins, 1997 (1), 13-18.
1997
Journal Article
Legal Interpretation and the Separation of Law and Morality: A Moral Sceptic's Attack on Dworkin
Allan, James F.P. (1997). Legal Interpretation and the Separation of Law and Morality: A Moral Sceptic's Attack on Dworkin. Anglo-American Law Review, 26 (4), 405-430.
1997
Journal Article
A Centenary Path of the Law
James Allan (1997). A Centenary Path of the Law. The Law Teacher, 31 (1), 30-37.
1997
Journal Article
Constitution Non Conveniens?
Allan, James F.P. (1997). Constitution Non Conveniens?. Anglo-American Law Review, 26 (1), 111-131.
1996
Journal Article
The Miracle of Theism, J.L. Mackie (Clarendon Press, 1982)
Allan, James F.P. (1996). The Miracle of Theism, J.L. Mackie (Clarendon Press, 1982). Otago Law Review, 8 (4), 633-636.
1996
Journal Article
Answering the Free-Rider
Allan, James F.P. (1996). Answering the Free-Rider. Auslegung, 21 (2), 99-106.
1996
Journal Article
Bills of Rights and Judicial Power - A Liberal's Quandary
Allan, James F.P. (1996). Bills of Rights and Judicial Power - A Liberal's Quandary. Oxford Journal of Legal Studies, 16, 337-352.
1995
Journal Article
The concept of law
Allan, James (1995). The concept of law. Otago Law Review, 8 (3), 441-446.
1993
Journal Article
The Hong Kong bill of rights: a comparative approach
Allan, James (1993). The Hong Kong bill of rights: a comparative approach. Asia Pacific Law Review, 2 (2), 122-125.
1992
Journal Article
Report of the Australian human rights delegation to China, 14-26 July 1991
Allan, James (1992). Report of the Australian human rights delegation to China, 14-26 July 1991. Asia Pacific Law Review, 1 (1), 132-135.
1990
Journal Article
Sanctions and rewards in the legal system: a multi-disciplinary approach
Allan, James (1990). Sanctions and rewards in the legal system: a multi-disciplinary approach. Hong Kong Law Journal, 20 (2), 266-269.
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
Enquiries
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