Profile image of Oscar Roos

Dr Oscar Roos



Senior Lecturer (Constitutional Law)


Faculty of Business and Law


BL Deakin Law School


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 is a Senior Lecturer in Deakin Law School. He 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 practice 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, Dr Roos 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, he 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, he practised mainly in criminal law, appearing for both prosecution and defence in summary and indictable jurisdictions. In 2002, he was awarded a Master of Laws from Monash University.

Dr Roos 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 include domestic and international public law, and GLBTIQ human rights.  His writing has been cited in Australia and overseas, including in the Melbourne University Law Review and in the Sydney Law Review, and numerous textbooks. The quality of his 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, Dr Roos 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.  In 2017 he published a lengthy article in the United States of America in the George Washington International Law Review (co-authored with Dr Anita MacKay of Latrobe University) on the right to marry in the International Covenant on Civil and Political Rights and same-sex marriage.

Dr Roos is currently a non-practising member of the Victorian Bar, an Associate Member of the Law Institute of Victoria and a member of the Australian Association of Constitutional Law and the Australian Institute of Administrative Law.

Read more on Oscar's profile

Research interests

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


  • Member, Australian Association of Constitutional Law.
  • Member, Australian Institute of Administrative Law.
  • Barrister, Victorian Bar.
  • Member, Law Institute of Victoria.

Teaching interests

  • Constitutional law
  • Administrative law

Units taught

  • MLL324 - Administrative Law
  • MLL323 - Constitutional Law
  • MLL114 - Criminal Law
  • MLL218 - Criminal Procedure

Knowledge areas

  • Constitutional Law
  • Administrative Law
  • Public International Law
  • GLBTIQ Human Rights
  • Originalism

Professional activities


  • Hearn Exhibition and the Supreme Court Prize for Jurisprudence.
  • Rodgers Legal Writing Award (Runner-Up).


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The Kirk Constitutional Structural Implication

Oscar Roos

(2020), Vol. 44, pp. 1-36, Melbourne University Law Review, Melbourne, Vic., C1

journal article

A shift in the united nations human rights committee's jurisprudence on marriage equality? An analysis of two recent communications from australia

O Roos, A Mackay

(2019), Vol. 42, pp. 747-781, University of New South Wales Law Journal, Sydney, N.S.W., C1

journal article

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

journal article

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

journal article

Before the High Court: Re Robert John Day AO: Section 44(v) of the Australian Constitution Revisited

Oscar Roos, Benjamin Saunders

(2017), Vol. 39, pp. 123-134, Sydney Law Review, Sydney, N.S.W., C1-1

journal article

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

book chapter

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

journal article

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

journal article

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

journal article

Beyond the Separation of Powers: Judicial Review and the Regulatory Proscription of Terrorist Organisations

Oscar Roos, Benjamin Hayward, John Morss


journal article

Criminal priors and the right to be elected

O Roos, B Hayward

(2009), Vol. 34, pp. 36-40, Alternative Law Journal, C1

journal article

Dancing with a gorilla?

O Roos

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

journal article

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

journal article

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

journal article

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

journal article

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

journal article

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

journal article

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

journal article

Funded Projects at Deakin

No Funded Projects at Deakin found


No completed student supervisions to report