Professor James Stellios

Professor
BEc LLB (Hons) (ANU) LLM (Cornell) PhD (ANU)
+61 2 6125 8140
Room 256

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Biography

Dr James Stellios is a Professor at the ANU College of Law. His primary research interest is constitutional law, and he has published widely in that field. He is the Director of the Centre for International and Public Law.

James is also a barrister at the NSW Bar and has appeared as junior counsel in a number of High Court and lower court cases.

Prior to joining the ANU, he spent a number of years in legal practice working for the Attorney-General's Department and the Australian Government Solicitor, principally in the area of constitutional litigation. He has also been Counsel Assisting the Solicitor-General of the Commonwealth.

James has also been a consultant to Clayton Utz and Sparke Helmore providing advice to the Commonwealth government on a range of administrative law and other public law matters.

Appointments

James is the Director for the Centre of International and Public Law.

He is also a barrister at the NSW Bar, and ACT Chapter Convenor for the Australian Association of Constitutional Law.

 

Significant research publications

Books and edited collections

  • The Tasmanian Dam Case 30 Years On: An Enduring Legacy (Federation Press, 2017) (with M Coper and H Roberts)

  • Hanks' Australian Constitutional Law (LexisNexis, 10th ed, 2016) (with D Meagher, A Simpson and F Wheeler)

  • Zines’s The High Court and the Constitution (Federation Press, 6th ed, 2015)

  • The Constitution of the Commonwealth of Australia – History, Principle and Interpretation (2015) (with N Aroney, P Gerangelos and S Murray)

  • The Federal Judicature: Chapter III of the Constitution (2010)

Articles, essays and book chapters

  • ‘The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions’ (2017) 28 Public Law Review 138-157

  • ‘Marbury v Madison: Constitutional Limitations and Statutory Discretions’ (2016) 42 Australian Bar Review 324-349

  • 'Australian Constitutionalism and the UK-Style Dialogue Model of Human Rights Protection' in J Bell and M L Paris (eds), Rights-Based Constitutional Review: Constitutional Courts in a Changing Landscape (Edward Elgar Publishing, 2016)

  • ‘The Centralisation of Judicial Power within the Australian Federal System’ (2014) 42 Federal Law Review 357
  • 'Kable, Preventative Detention and the Dilemmas of Chapter III' (2014) 88 Australian Law Journal 52

  • 'Chapter III of the Constitution, Federal Jurisdiction and Dialogue Models of Human Rights' (2012) 26 Melbourne University Law Review 1 (with Will Bateman)

  • ‘A New Federal Scheme for the Protection of Human Rights’ (2012) 69 AIAL Forum 13 (with Michael Palfrey)

  • 'Exploring the Purposes of Section 75(v) of the Constitution' (2011) 34 University of NSW Law Journal 70

  • 'Reconceiving The Separation of Judicial Power’ (2011) 22 Public Law Review 113

  • 'State/Territory Human Rights Legislation in a Federal Judicial System' (2008) 19 Public Law Review 52

  • 'Using Federalism to Protect Political Communication: Implications for Federal Representative Government' (2007) 31 Melbourne University Law Review 239

  • 'The Constitutional Jury: "A Bulwark of Liberty"?' (2005) 27 Sydney Law Review 113

  • 'Choice of Law and the Australian Constitution: Locating the Debate' (2005) 33 Federal Law Review 7

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Recent news

20
Dec
2016
Isabelle Reinecke
Isabelle Reinecke (LLB (Hons) ’11, BSc (Psych) ’12) has been awarded a Churchill Fellowship, to be taken up in 2017.
30
Nov
2016
Professor Michael Coper
On Friday 2 December a conference celebrating the achievements of Michael Coper will be held in the Common Room, University House. Michael is a “big picture” person whose vision has always focused on the future. The conference’s title, “New Ways Forward”, with its tone of energy and optimism, could not be more fitting for an event celebrating the career of Michael Coper and reinforcing the continuing beneficial effects of his achievements.
29
Oct
2016
Event image
The Public Law Weekend enables ANU Law's Centre for Public Law to bring together a broad cross-section of the public law community including the judiciary, government, academia and the profession. The weekend provides an opportunity for practitioners, lawmakers and scholars to connect, engage and collaborate.
28
Oct
2016
Selena Bateman
ANU College of Law graduate Selena Bateman (BA ’14, LLB (Hons) ’14) has been awarded the Australian Association for Constitutional Law (AACL) award (known as the Saunders Prize) jointly with Brendan Lim for her article in the Public Law Review, ‘Constitutional Dimensions of State Executive Power’..

In the Media

8
Dec
2015
Tricky ACT tribunal times ahead
James Stellios writes in Canberra Times Public Sector Informant
8
Dec
2015
The Judiciary and the Public Purse
James Stellios writes in Canberra Times Public Sector Informant
8
Dec
2015
ACT Legislation has a Federal Impact
James Stellios writes in Canberra Times Public Sector Informant

Upcoming events

08-09
Sep
2017
Event image
9.00AM to 1.00PM Conference

The ANU Centre for Commercial Law and Centre for International and Public Law are proud to announce a conference to mark the 40th anniversary of the establishment of the Federal Court of Australia. 

Past events

06
Apr
2017
Police activity
12.30PM to 2.00PM Seminar
  • Professor James Stellios
  • Mr David Savage

In a number of recent cases, police forces have taken well-publicised actions which became part of the narrative of election campaigns in Australia.  

13
Feb
2017
Donald Trump
5.30PM to 7.00PM Discussion

Recent executive orders issues by President Donald Trump have shocked many and created an unprecedented travel crisis. 

02
Dec
2016
Professor Michael Coper
12.00AM Conference

A conference in honour of Professor Michael Coper.

08
Sep
2016
Dr James Stellios
4.00PM to 7.00PM Lecture
  • Dr James Stellios, ANU College of Law

'An Age of Statutory Discretion' — focusing on the impact that constitutional limitations have on the (administrative) judicial review of discretionary decision making.

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Professor James Stellios is a leading constitutional law scholar. His primary research interest is the operation of the judiciary provisions in Chapter III of the Constitution, and his published work has been widely cited by Australian courts, litigants in constitutional cases, law reform bodies and in the published works of leading Australian jurists and scholars.

He is the Director of the Centre for International and Public Law.

James is the primary investigator on an ARC Discovery grant (with Professor John Williams and Associate Professor Gabrielle Appleby) researching the impact of the Constitution on the law and order policies of State Parliaments.

He was awarded the Zines Prize for Excellence in Legal Research for a 2014 article published in the Federal Law Review on the centralisation of judicial power in Australia.

He is also a practising barrister appearing in constitutional cases before the High Court. He is regularly invited to speak about his research at national and international conferences.

His books include Zines's The High Court and the Constitution (6th ed,2015), The Constitution of the Commonwealth of Australia: History, Principle and Interpretation (2015) and The Federal Judicature: Chapter III of the Constitution (2010).

Research projects & collaborations

James' main research interests are in constitutional law, particularly Chapter III of the Constitution.

He is currently working on a three year ARC grant with Prof John Williams (Adelaide) and Dr Gabrielle Appleby (UNSW) looking at the impact of Ch III on State law and order regimes.

Grants

2014: ARC Discovery Project: Law, Order and Federalism (with John Williams (Adelaide) and Gabrielle Appleby (UNSW)): $328,000, DP 140101218

Consultancies

Appearances as junior counsel

High Court

  • Rizeq v Western Australia [2017] HCA 23

  • Alqudsi v The Queen (2016) 332 ALR 20Alqudsi v The Queen [2016] HCA 24

  • North Australian Aboriginal Justice Agency Limited v Northern Territory [2015] HCA 41

  • Duncan v New South Wales [2015] HCA 13

  • Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559

  • Cheung v The Queen (2001) 209 CLR 1

  • Brownlee v The Queen (2001) 207 CLR 278

  • Commonwealth v Yarmirr (2001) 208 CLR 1

  • Western Australia v Ward (2002) 213 CLR 1

  • ABC v Lenah Game Meats Pty Ltd (2001) 208 CLR 199

  • Re JJT; Ex parte Victoria Legal Aid (1998) 195 CLR 184

High Court special leave application

  • Jacka v Australian Capital Territory (17 April 2015: C7/2014)

Full Court of the Federal Court

  • National Road Transport Association Ltd v Road Safety Remuneration Tribunal [2016] FCAFC 56

  • Fair Work Ombudsman v Valuair Limited (No 2) [2014] FCA 759

  • Yanner v Minister, Aboriginal & Torres Strait Islander Affairs [2001] FCA 36

NSW Supreme Court

  • Schneider v Brydon LCM [2012] NSWSC 964

ACT Court of Appeal

  • Australian Capital Territory v Lewis (ACTCA 31/2015)

  • Jacka v Australian Capital Territory [2014] ACTCA 49

Books & edited collections

  • The Tasmanian Dam Case 30 Years On: An Enduring Legacy (Federation Press, 2017) (with M Coper and H Roberts)

  • Zines's High Court and the Constitution (6th ed; 2015)

  • The Constitution of the Commonwealth of Australia – History, Principle and Interpretation (2015) (with N Aroney, P Gerangelos and S Murray)

  • The Federal Judicature: Chapter III of the Constitution (2010)

  • Hanks Australian Constitutional Law (9th ed; 2013) (with Jennifer Clarke and Patrick Keyzer)

  • Hanks Australian Constitutional Law (8th ed; 2009) (with Jennifer Clarke and Patrick Keyzer)

  • Harris – Cases and Materials on International Law: An Australian Supplement (Law Book Co, 2003), with JP Fonteyne and A McNaugton

Book chapters

  • ‘Australian Constitutionalism and the UK-Style Dialogue Model of Human Rights Protection’, in J Bell and M L Paris (ed), Rights-Based Constitutional Review: Constitutional Courts in a Changing Landscape (2016, Edward Elgar Publishing)

  • 'Regulating Telecommunications Interception and Access: A Sea-Change in Surveillance Laws'; in Michael and Michael (eds), Social Implications of Information Security Measures on Citizens and Business (2006) (with Simon Bronitt)

  • 'Copyright and Freedom of Political Communication in Australia', in Griffiths and Suthersanen (eds), Copyright and Free Speech (2005) (with Robert Burrell)

Refereed journal articles

  • ‘The Masking of Judicial Power Values: Historical Analogies and Double Function Provisions’ (2017) 28 Public Law Review 138-157

  • ‘Marbury v Madison: Constitutional Limitations and Statutory Discretions’ (2016) 42 Australian Bar Review 324-349

  • ‘The Centralisation of Judicial Power within the Australian Federal System’ (2014) 42 Federal Law Review 357

  • 'Kable, Preventative Detention and the Dilemmas of Chapter III' (2014) 88 Australian Law Journal 52

  • 'Chapter III of the Constitution, Federal Jurisdiction and Dialogue Models of Human Rights' (2012) 26 Melbourne University Law Review 1 (with Will Bateman)

  • 'Exploring the Purposes of Section 75(v) of the Constitution' (2011) 34 University of NSW Law Journal 70

  • 'Reconceiving The Separation of Judicial Power’ (2011) 22 Public Law Review 113

  • ‘State/Territory Human Rights Legislation in a Federal Judicial System’ (2008) 19 Public Law Review 52

  • ‘Choice of Law and the Australian Constitution: Locating the Debate’ (2005) 33 Federal Law Review 1

  • ‘The Constitutional Jury: “A Bulwark of Liberty”?’ (2005) 27 Sydney Law Review 113

Conference papers & presentations

  • ‘The Effect of Freedom of Political Communication on Discretionary Decision-Making’, Symposium of Free Speech, Melbourne Law School, 23 June 2016

  • ‘Individual Liberty: The Difficulty of Differing Conceptions of “The Relationship of the Individual to the State”’, Australian Constitutional Law Roundtable, UNSW Law School, 10 June 2016

  • ‘Federal Jurisdiction’, Oxford Handbook of the Australian Constitution Conference, Melbourne Law School, 18 March 2016

  •  ‘The Normalisation of Judicial Power’, paper delivered at Judicial Independence in Australia Conference, University of Queensland, 10 July 2015

  • ‘The Centralisation of Judicial Power within the Australian Federal System’, paper presented at the AGD Constitutional Law Symposium, Canberra, 15 April 2014

  • 'Australian Constitutionalism and the UK-Style Dialogue Model of Human Rights Protection', paper delivered at the Society of Legal Scholars Annual Seminar, 2 July 2013, Dublin

  • Comment on Paper Presented by Prof Helen Irving, AACL Seminar, Sydney, 6 February 2013

  • Comment on Paper Presented by Stephen McLeish SC, 'The Nationalisation of the State Court System', Recent Developments in Constitutional Law Conference, Melbourne Law School, 21 July 2012

  • 'Looking over the Horizon', Sparke Helmore Seminar, March 2012

  • Seminar on Momcilovic v the Crown, Monash Law School, October 2011

  • Momcilovic Constitutional Issues, Public Law Weekend, ANU College of Law, September 2011

Government submissions

  • Submission to the Human Rights Consultation, 15 June 2009 (with Amelia Simpson)

  • Submission to the Human Rights Consultation, 15 June 2009

  • Submission to Senate Legal and Constitutional Legislation Committee Inquiry into Telecommunications (Interception and Access) Amendment Bill 2007,1 August 2007 (with Simon Bronitt)

  • Submission to Minister Brough on constitutional issues regarding the Northern Territory emergency legislation, August 2007 (with Jennifer Clark, Amelia Simpson and Fiona Wheeler)

  • Submission to the Australian Law Reform Commission, Privacy Inquiry, 27 February 2007 (with Simon Bronitt and Kevin Leong)

  • Submission to Senate Legal and Constitutional Legislation Committee Inquiry into the Australian Human Rights Commission Legislation Bill 2003, 23 April 2003 (with Don Anton, Peter Bailey, Andrew Byrnes, Hilary Charlesworth, Mick Dodson, Pene Mathew, Wayne Morgan and Anne McNaughton)

  • Submission to Victorian Human Rights Consultative Committee, October 2005

  • Consultant providing advice to the Victorian Law Reform Commission on workplace privacy, September 2003 (with Amelia Simpson)

Committees

EXTERNAL ORGANISATIONS

  • Convenor, ACT Chapter, Australian Association of Constitutional Law

INTERNAL ANU COLLEGE OF LAW COMMITTEES

  • ANU College of Law Research Committee, Visitors Committee

Case notes & book reviews

  • 'Constitutional Limitations on State and Commonwealth Parliaments' (2011) 23(3) LegalDate 4

  • ‘The Intercourse Limb of Section 92 and the High Court’s decision in APLA Ltd v Legal Services Commissioner' (NSW) (2006) 17 Public Law Review 1

  • ‘The Right to Sexual Privacy in Australia’ (2005) 17 LegalDate 10

  • ‘Section 80 of the Constitution’ (2003) 15 LegalDate 3

  • ‘Brownlee v The Queen: Method in the Madness’ (2001) 29 Federal Law Review 319 ‘International Law and Australian Federalism’ (1997) 25 International Journal of Legal Information 247

Currently supervising

PhD supervision

I am willing to supervise in the relevant areas.

SJD supervision

I am willing to supervise in the relevant areas.

Honours thesis supervision

I am willing to supervise in the relevant areas.

Internship supervision

I am willing to supervise in the relevant areas.

Current courses

Year Course code Course name
2017 LAWS4275
Class #10074
Federal Judicial Systems

Previous courses

Year Course code Course name
2016 LAWS8128
Class #9667
Contemporary Issues in Constitutional Law
2016 LAWS4212
Class #3724
Conflict of Laws

Past courses

James currently teaches:

  • Commonwealth Constitutional Law (LAWS2202/6202)
  • Federal Judicial System (LAWS4275).
  • Conflict of Laws (LAwS4212)

James has previously taught:

  • Australian Public Law
  • International Trade Law
  • Public law courses in the graduate program

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team