Dr Patrick Emerton - Researcher Profile

Patrick Emerton

Address

Faculty of Law
PO Box 12, Clayton

Biography

What’s in a constitution?

Many have questioned the Australian constitution for its perceived lack of protection of our rights and freedoms. People often refer to the absence of a Bill of Rights to highlight this point. Dr Patrick Emerton believes our constitution is misunderstood, and he is using his unique expertise in philosophy and law to explore its potential.

 

Patrick wants to think in a sophisticated way about how our constitution protects people’s political entitlement to vote and speak freely about political issues. A paper on this topic won him the inaugural Federal Law Review’s Zines prize for excellence in legal research in 2010. 

“There’s a widely held position that identifies Australia’s constitution as a bit backward,” Patrick says. “We’re the only constitution in the democratic world without a Bill of Rights, and that’s seen as a significant failing. I’m interested in constitutional interpretation and how we can have our own Australian way of responding to some of these important political and moral ideals about human rights.” 

“Although it’s often thought of as a boring and very technical constitution, it sets up certain structures that bring with them quite powerful ideas,” he says. 

Patrick works closely with the Castan Centre for Human Rights Law and the Department of Philosophy. He says this allows him to explore what human rights protection involves at a conceptual level. 

“I think I’m the only member of the Castan Centre who is regularly co-authoring with a pure philosopher,” Patrick says. “I’m researching human rights theory and linking it to the traditions in political philosophy, so I’m in a position to draw that bridge between the abstract and the concrete.”

“When you’re debating technical aspects of anti-terrorism law or how they’re being policed, it can seem quite remote from everyday life,” he says. “But I have met members of the Somali community who discovered that by sending money to their families overseas, they ran the risk of committing crimes with maximum penalties of many years in jail. The consequence for those people is very real,” he says.

Patrick’s work on anti-terrorism law explores the significance of being citizens in a democracy, and how we should think about our anti-terrorism laws in light of that.  

“It’s perhaps where my research has had the most immediate impact, in the sense that I’ve appeared as an expert witness in front of parliamentary committees on many occasions. I’ve also been cited in the reports that those committees have produced, and in other documents that deal with framing Australia’s anti-terrorism laws.”

Patrick says the impact of law research is not usually immediate, but he thinks its long-term benefits are crucial to the profession.

“Part of the function of legal academics is to have some imagination and ideas that will gradually percolate 10 or 20 years down the track,” he says. “Your students will pick them up, some of those students will go on to become great barristers and judges. They will hear your ideas, read your work, and over time, ideas percolate through a legal culture and community.”

 

Research & Supervision Interests

    Anti-Terrorism Law

    Human Rights

    International Law

    Legal and Moral Philosophy

Keywords

Anti-Terrorism Law, Human Rights, International Law, Legal and Moral Philosophy

Qualifications

PHD
Institution: Monash University
Year awarded: 2006
LLB (HONS)
Institution: University of Melbourne
Year awarded: 1999
MA
Institution: University of Melbourne
Year awarded: 1998
BA (HONS)
Institution: University of Melbourne
Year awarded: 1994

Publications

Book Chapters

Emerton, P., Lee, H., 2011, Judges and non-judicial functions in Australia, in Judiciaries in Comparative Perspective, eds H. P. Lee, Cambridge University Press, New York City USA, pp. 403-427.

Emerton, P.C., 2009, International economic justification: Is a principled liberalism possible?, in The World Trade Organization and Human Rights: Interdisciplinary Perspectives, eds Sarah Joseph, David Kinley and Jeff Waincymer, Edward Elgar Publishing, Cheltenham, UK, pp. 133-161.

Emerton, P.C., 2007, Australia's Terrorism Offences - A Case Against, in Law and Liberty in the War on Terror, eds Andrew Lynch, Edwina MacDonald, George Williams, Federation Press, Leichhardt NSW, pp. 75-86.

Journal Articles

Emerton, P., 2010, Political freedoms and entitlements in the Australian Constitution - an example of referential intentions yielding unexpected legal consequences, Federal Law Review [P], vol 38, issue 2, Australian National University, Faculty of Law, Canberra, ACT, Australia, pp. 169-203.

Emerton, P.C., 2009, Comment on law and irresponsibility, Australian Journal of Legal Philosophy [P], vol 34, Australian Society of legal Philosophy, Monash University Australia, pp. 234-240.

Emerton, P.C., Handfield, T., 2009, Order and affray: Defensive privileges in warfare, Philosophy & Public Affairs [P], vol 37, issue 4, Wiley Blackwell, Hoboken, New Jersey, USA, pp. 382-414.

Emerton, P.C., 2004, Paving the way for conviction without evidence - A disturbing trend in Australia's 'anti-terrorism' laws, Queensland University of Technology Law and Justice Journal, vol 4, issue 2, Queensland University of Technology, Faculty of Law, Brisbane Qld Australia, pp. 1-38.

Other

Chong, A., Emerton, P.C., Kadous, W., Petitt, A., Semphill, S., Sentas, V., Stratton, J., Tham, J., 2005, Laws for Insecurity: A report on the Federal Government's Proposed counter terrorism measures, Report on draft legislation, Public Interest Advocacy Centre, http://www.piac.asn.au/publications/pubs/insecurity_20050923.html.

Emerton, P.C., 2005, Submission in relation to Review of Division 3 Part III of the ASIO Act 1979 (Submission No 86), Parliamentary Joint Committee on ASIO, ASIS and DSD - review of the Division 3 Part III of the Australian Security and Intelligence Organisation Act 1979, Commonwealth of Australia, http://www.aph.gov.au/house/committee/pjcaad/asio_ques_detenm.

Emerton, P.C., 2005, Submission to Inquiry into the provisions of the National Security Information Legislation Amendment Bill 2005 (Nos 8 and 8A), Senate Inquiry into the Provisions of the National Security Information Legislation Amendment Bill 2005, Commonwealth of Australia, http://www.aph.gov.au/SEnate/committee/legcon_ctte/national_sec/submissions/sublist.htm.

Teaching Commitment

Equity 406 (LAW4169)

Federal criminal justice 506 (LAW5112)

Law and social theory 406 (LAW4130)

Postgraduate Research Supervisions

Current Supervision

Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Anarchism and the liberal criminal justice system..
Supervisors:
Emerton, P (Main).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Indigenous recognition, reconciliation and the case for moving beyond `race?: to what extent should Australia embed the principle of equality before the law in the Constitution, law and public policy?.
Supervisors:
Castan, M (Joint-co), Emerton, P (Joint).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Ministerial advisers: Constitutionality and accountability mechanisms in public law.
Supervisors:
Emerton, P (Joint), Lee, H (Joint-co).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Out of sign, out of right: the United States' migrant interdiction program in international waters and Guantanamo Bay, Cuba.
Supervisors:
Emerton, P (Main), Mcbeth, A (Associate), Kneebone, S (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
The 'right' kind of health: justice, health inequalities and social determinants of health.
Supervisors:
Loff, B (Main), Emerton, P (Associate).
Program of Study:
(DOCTORATE BY RESEARCH).
Thesis Title:
Theorising collective resistance.
Supervisors:
Emerton, P (Main), Handfield, T (Associate), Smith, D (Associate).

Completed Supervision

Student:
Crammond, B.
Program of Study:
"The Theoretical Intersection of Public Health and Human Rights.". 2008.
Supervisors:
Emerton, P (Main).
Student:
Harasgama, H.
Program of Study:
An investigation of the theoretical justifications for Australia's laws against the financing of terrorism. (PHD) 2010.
Supervisors:
Emerton, P (Main).
Student:
James, K.
Program of Study:
Explaining the rise of the value added tax - a challenge to the conventional approach. (PHD) 2012.
Supervisors:
Hodge, G (Main), Barkoczy, S (Associate), Emerton, P (Associate).