Profile image of Oscar Roos

Dr Oscar Roos



Senior Lecturer (Constitutional Law)


Faculty of Business and Law


BL Law


Melbourne Burwood Campus


Doctor of Juridical Science, Monash University, 2016
Master of Laws, Monash University, 2002
Bachelor of Arts, University of Melbourne, 1994
Bachelor of Law(s) (Honours), University of Melbourne, 1993

+61 3 924 46649


Dr Oscar Roos graduated with an Honours degree in Law and a Bachelor of Arts from the University of Melbourne in 1992 where he was awarded the Hearn Exhibition and the Supreme Court Prize for Jurisprudence.  He was subsequently admitted to practise as a Barrister and Solicitor of the Supreme Court of Victoria in 1993 after completing his professional training at the Leo Cussen Institute where he won the Advocacy Award.

After graduating Oscar worked for the Commonwealth Public Service for two years before his appointment as Associate to Justice David Byrne of the Supreme Court of Victoria.  After completing his Associateship Oscar worked for Victoria Legal Aid and then in 1999 he completed the Bar Readers’ Course and signed the Roll of the Victorian Bar.  As a Barrister Oscar practised mainly in criminal law, appearing for both prosecution and defence in summary and indictable jurisdictions.

In 2002 Oscar was awarded a Master of Laws from Monash University.

Oscar commenced working at Deakin in 2003 as an Associate Lecturer.  He has taught in the areas of criminal law, criminal procedure, evidence, constitutional law and administrative law.  His current research interests are legal philosophy, legal history, constitutional law and administrative law.  Oscar’s writing has been cited in Australia and overseas, including in the Melbourne University Law Review and in the Sydney Law Review, and numerous text books. The quality of Oscar’s research was acknowledged by the Law Institute of Victoria in 2008 when he was runner-up in the Rodgers Legal Writing Award and by the School of Law when he was awarded a prize for outstanding research publication for 2013.

In 2015 Oscar completed a Doctor of Juridical Science at Monash University.  His thesis was entitled 'Towards An Originalist Assessment of the Entrenchment of Judicial Review in the Australian States'.  Two lengthy articles derived from his thesis were published in the prestigious Sydney Law Review in 2013 and the Public Law Review in 2015.

Oscar was promoted to the postion of Senior Lecturer on 1 January 2016.

Oscar is currently a non-practising member of the Victorian Bar, an Associate Member of the Law Institute of Victoria and a member of numerous academic and professional bodies including the Australian Association of Constitutional Law, the Australian Institute of Administrative Law and the Australian Society of Legal Philosophy.

Read more on Oscar's profile

Research interests

  • Legal philosophy
  • Legal history
  • Constitutional, and
  • Administrative law

Teaching interests

  • Constitutional law
  • Administrative law
  • Legal History
  • Legal Philosophy


  • Hearn Exhibition and the Supreme Court Prize for Jurisprudence
  • Rodgers Legal Writing Award (runner-up)


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Re Robert John Day AO: section 44(v) of the Australian Constitution revisited

O Roos, B Saunders

(2017), Vol. 39, pp. 123-134, Sydney Law Review, Sydney, N.S.W., C1


The evolutionary interpretation of treaties and the right to marry: why article 23(2) of the ICCPR should be reinterpreted to encompass same-sex marriage

O Roos, A Mackay

(2017), Vol. 49, pp. 879-945, George Washington international law review, Washington, D.C., C1


Justice Barton and the demise of the inter-state commission in the Wheat Case (1915)

O Roos

(2016), pp. 20-38, Great Australian dissents, Cambridge, Eng., B1


An alternative (partial) justification for the holding in Kirk

O Roos

(2015), Vol. 26, pp. 111-125, Public law review, Pyrmont, N.S.W., C1


Accepted Doctrine at the Time of Federation and Kirk v Industrial Court of New South Wales

O Roos

(2013), Vol. 35, pp. 781-807, Sydney Law Review, Sydney, New South Wales, C1


Exploring the linkage between WTO dispute resolution and international human rights law

O Roos

(2012), Vol. 19, pp. 1-21, Currents : international trade law journal, Houston, Tex., C1


Beyond the separation of powers : judicial review and the regulatory proscription of terrorist organisations

O Roos, B Hayward, J Morss

(2010), Vol. 35, pp. 81-118, University of Western Australia law review, Crawley, W.A., C1


Criminal priors & the right to be elected : the salutary tale of Ronald 'Bunna' Walsh

O Roos, B Hayward

(2009), Vol. 34, pp. 36-40, Alternative law journal, Melbourne, Vic., C1


Dancing with a gorilla?

O Roos

(2008), Vol. 82, pp. 46-49, Law Institute journal, Melbourne, Vic., C1


Alarmed, but not alert in the 'war on terror'? The High Court, Thomas V Mowbray and the Defence Power

O Roos

(2008), Vol. 15, pp. 169-200, James Cook University Law Review, Townsville, Qld., C1


From labour's pain comes Labor's gain? The High Court's decision in the Work Choices case and the Commonwealth's corporations power

O Roos

(2007), Vol. 11, pp. 81-122, Southern Cross University law review, Lismore, N.S.W., C1


The trouble with woon: the selective answering of police questions and the right to pre-trial silence

O Roos

(2006), Vol. 3, pp. 1-29, University of New England law journal, Armidale, NSW, C1


Baker v The Queen & Fardon v Attorney General for the State of Queensland

O Roos

(2005), Vol. 10, pp. 271-282, Deakin law review, Geelong, Vic., C1


Commonwealth legislative power and 'non punitive' detention: a constitutional roadmap

O Roos

(2005), Vol. 1, pp. 142-158, High Court quarterly review, South Yarra, Vic., C1


The spectre of Browne v Dunn: criminal proceedings in the era of pre-trial disclosure

O Roos

(2005), Vol. April 2005, pp. 39-41, Law Institute journal, Melbourne, Vic., C1


Funded Projects at Deakin

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