Professor Leighton McDonald

Professor
BEc LLB (Hons) (Macq) (University Medal in Law); LLM (Osgoode Hall; York)
+61 2 6125 8284
Room 6.3.18

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Biography

Leighton McDonald’s research has traversed a number of areas in public law and legal theory.

Leighton’s current research is focused on administrative law. He is the co-author of a well-known text in this area and has written number of articles on different aspects of the law of judicial review. Leighton draws on his administrative law expertise in his role as legal adviser to the Senate Standing Committee for the Scrutiny of Bills.

Appointments

  • Professor; ANU Law School
  • Director, Centre for International and Public Law, ANU Law School (2019-2022)
  • Legal Advisor, Senate Standing Committee for the Scrutiny of Bills

Significant research publications

  • 'Thinking About Doctrine in Administrative Law' in Goudkamp, Lunney and McDonald (eds), Taking Law Seriously: Essays in Honour of Peter Cane (Hart Publishing, forthcoming)
  • Principles of Administrative Law 3rd edition (Melbourne: Oxford University Press 2018) (with Peter Cane and Kristen Rundle)
  • 'Jurisdictional Error as Conceptual Totem' (2019) 42 UNSW Law Journal 1019-1038 (http://www.unswlawjournal.unsw.edu.au/article/jurisdictional-error-as-co...)
  • 'The Normative Structure of Australian Administrative Law' (2017) 45 Federal Law Review 153-179 (with Will Bateman)
  • 'Reasons, Reasonableness and Intelligible Justification in Judicial Review' (2015) 37 Sydney Law Review 467
  • 'Rethinking Unreasonableness Review' (2014) 25 Public Law Review 117
  • ‘The Entrenched Minimum Provision of Judicial Review and the Rule of Law’ (2010) 21 Public Law Review 14
  • ‘The Rule of Law and the New Regulatory State’ (2004) 33 Common Law World Review 197
  • ‘Rights, ‘Dialogue’ and Democratic Objections to Judicial Review’ (2004) 32 Federal Law Review 1
  • ‘Can Collective and Individual Rights Coexist?’ (1998) 22 Melbourne University Law Review 310

 

Recent news

05
May
2022
A rare breed of law student
Meet Charlotte Hoynes (BA/LLB (Hons) '21), a recent graduate of the ANU College of Law and 2021 recipient of the Blackburn Medal for Research in Law.
08
Mar
2022
Peter Cane
A book of essays honouring Emeritus Professor Peter Cane FBA FAAL FASSA has recently been published.
29
Nov
2018
Image shows from left James Stellios, Will Bateman and Leighton McDonald
Dr Will Bateman, Professor James Stellios and Associate Professor Leighton McDonald
26
Oct
2018
Emeritus Professor Robin Creyke AO (left) and Emeritus Professor John McMillan AO
Honoring Emeritus Professors Robin Creyke AO and John McMillan AO

Past events

16
Mar
2021
Adventures in Administrative Law: A Conversation with The Hon Alan Robertson SC
12.00PM to 1.00PM In conversation
  • The Hon Alan Robertson SC

Join this in-conversation with The Hon Alan Robertson SC and Associate Professor Leighton McDonald.

26
Feb
2019
Justice Robertson
5.30PM to 6.30PM ANU College of Law Visiting Judicial Fellow Program
  • Justice Alan Robertson

This seminar is part of the ANU College of Law Visiting Judicial Fellow Program. The Program is designed to develop a greater understanding of the role and function of judges, by allowing Judges to share their knowledge and experience with the...

02-03
Nov
2018
Scales of Justice
9.00AM to 5.30PM Conference

The ANU Law School has a long tradition of excellence in administrative law scholarship and of engagement with government and the private profession in public law.

Grants

2013 Australian Research Council (ARC) Discovery Projects  

Books & edited collections

  • Taking Law Seriously: Essays in Honour of Peter Cane (Hart Publishing, forthcoming) (with J Goudkamp and M Lunney)

  • Principles of Administrative Law 4th ed (Oxford University Press: 2023) (with Kristen Rundle and Emily Hammond)

  • Cases for Principles of Administrative Law 4th ed (Oxford University Press: 2023) (with Kristen Rundle and Emily Hammond)

  • Principles of Administrative Law 3rd ed (Oxford University Press: 2018) (with Peter Cane and Kristen Rundle) (First edition, 2008)

  • Cases for Principles of Administrative Law 3rd ed (Oxford University Press: 2018) (with Peter Cane) (First edition, 2009)

Refereed journal articles

  • 'Thinking About Doctrine in Administrative Law' in Goudkamp, Lunney and McDonald (eds), Taking Law Seriously: Essays in Honour of Peter Cane (Hart Publishing, forthcoming)
  • 'The Purpose of Administrative Law and the Legitimacy of Administrative Government' (2019) 30 Public Law Review 330-336 (book review)
  • 'Jurisdictional Error as Conceptual Totem' (2019) 42 UNSW Law Journal 1019 (http://www.unswlawjournal.unsw.edu.au/article/jurisdictional-error-as-co...)
  • 'Graham and the Constitutionalisation of Australian Administrative Law' (2018) 91 AIAL Forum 47 (http://www.aial.org.au/LiteratureRetrieve.aspx?ID=187101)
  • 'The Normative Structure of Australian Administrative Law' (2017) 45 Federal Law Review 153-179 (with Will Bateman)
  • 'Reasons, Reasonableness and Intelligible Justification in Judicial Review' (2015) 37 Sydney Law Review 467
  • 'Rethinking Unreasonableness Review' (2014) 25 Public Law Review 117
  • 'Comment on the Vantage of Law' (2013) 38 Australian Journal of Legal Philosophy 166
  • 'The Entrenched Minimum Provision of Judicial Review and the Rule of Law' (2010) 21 Public Law Review 14
  • 'Federal Judicial Review Jurisdiction After Griffith University v Tang' (2006) 17 Public Law Review 22-48 (with Christos Mantziaris)  
  • 'The Rule of Law and the New Regulatory State' (2004) 33 Common Law World Review 197-221
  • 'New Directions in the Australian Bill of Rights Debate' [2004] Public Law 22-32
  • 'Rights, 'Dialogue' and Democratic Objections to Judicial Review' (2004) 32 Federal Law Review 1-29
  • ‘Positivism and the Formal Rule of Law: questioning the connection’ (2001) 26 Australian Journal of Legal Philosophy 93-128
  • ‘Can Collective and Individual Rights Coexist?’ (1998) 22 Melbourne University Law Review 310-336
  • ‘On the Monarchist’s Maxim: “If It Ain’t Broke, Don’t Fix It”’ (1998) 26 Federal Law Review 259-270
  • ‘Regrouping   in   Defence  of   Minority Rights:  Kymlicka’s Multicultural Citizenship’ (1996) 34 Osgoode Hall Law Journal 291-319
  • ‘The Denizens of Democracy: The High Court and the Free Speech Cases’ (1994) 5 Public Law Review 160-198

Conference papers & presentations

'Grounds of Review, Statutory Interpretation and Proportionality: Diversity and Unity in the English and Australian Law of Judicial Review' (with Will Bateman) Cambridge Public Law Conference, 12-14 September 2016

Committees

External Organisations

  • Legal Adviser, Senate Standing Committee for the Scrutiny of Bills

Currently supervising

  • Doctor of Philosophy (PhD)
    Topic: Legal Method, Cartels and Public Monopolies: A View From the High Court 1908 - 1948

Current courses

Year Course code Course name
2023 LAWS2201
Class #4115
Administrative Law
2023 LAWS6201
Class #2553
Administrative Law
2023 LAWS8141
Class #4606
Judicial Review of Government Action

Previous courses

Year Course code Course name
2021 LAWS8141
Class #4726
Judicial Review of Government Action
2021 LAWS2201
Class #2396
Administrative Law
2021 LAWS6201
Class #2709
Administrative Law
2020 LAWS8141
Class #1614
Judicial Review of Government Action

How my works connects with public policy

Legal Adviser to the Senate Standing Committee for the Scrutiny of Bills

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