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Prof Patrick Emerton

STAFF PROFILE

Position

Deputy Dean, Deakin Law School

Faculty

Faculty of Business and Law

Department

Deakin Law School

Campus

Melbourne Burwood Campus

Contact

p.emerton@deakin.edu.au
+61 3 924 46707

Biography

Patrick Emerton is a Professor in the Deakin Law School. Patrick's research focuses on political, constitutional and legal theory, with his recent publications focusing particularly on the intersections between public law, private law and economic justice.

Patrick joined Deakin Law School in 2021. Prior to that he was an Associate Professor at Monash University Faculty of Law. He has also taught in the Departments of Philosophy at Monash University and the University of Melbourne.

Since July 2022, Patrick has been Director of Teaching in the Law School. Since May 2023, he has served as Deputy Dean of the Law School.

Patrick has taught private law (equity, trusts, and property), public law (constitutional law) and legal theory (general jurisprudence and theoretical sociology of law). He supervises research students across a wide range of legal and interdisciplinary topics: since 2005  has supervised over 30 honours students, and 20 doctoral students (15 completed, 5 current).

Patrick is a frequent media commentator on matters relating to national security, anti-terrorism law, and the exercise of public power in emergencies. He has also worked with community legal organisations and NGOs engaging with these issues.

Read more on Patrick's profile

Research interests

Constitutional Law and Theory

Statutory Interpretation, Legal Reasoning and Law and Language

Political, Legal and Social Philosophy

Private Law Theory

International Justice, Human Rights Theory and Just War Theory

National Security, Anti-Terrorism and Emergency Law

Teaching interests

Equity, Trusts and Equitable Remedies

Constitutional Law

Units taught

MLL405

MLJ717

MLL323

Knowledge areas

  • Constitutional Law and Theory
     
  • Political, Legal and Social Philosophy
     
  • Private Law Theory
     
  • International Justice, Human Rights Theory and Just War Theory
     
  • National Security, Anti-Terrorism and Emergency Law

Awards

Leslie Zines Prize for Excellence in Legal Research (2010)

Honourable Mention, Article/Chapter (General), Australian Legal Research Awards (2020)

Mollie Holman Doctoral Medal for best PhD thesis of 2006 in the Monash University Faculty of Law

Monash Student Association Teaching Excellence Award (2020)

Publications

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2023

One Important Role of Facts in Constitutional Adjudication

P Emerton, J Nadarajalingam

(2023), pp. 49-66, Facts in Public Law Adjudication, B1

book chapter

The Australian Constitution as a Framework for Securing Economic Justice

P Emerton

(2023), Vol. 51, pp. 372-396, Federal Law Review, London, Eng., C1

journal article
2022

Public reason, public benefit, and 'political' charities

Patrick Emerton

(2022), pp. 223-251, Charity law: exploring the concept of public benefit, London, Eng., B1

book chapter

Tax Justice in Australia - Some Critical Considerations

Patrick Emerton

(2022), Vol. 51, pp. 144-152, AUSTRALIAN TAX REVIEW, C1

journal article
2020

Appellate body of the WTO affirms Australia's tobacco plain packaging law

Mark Davison, Patrick Emerton

(2020), Vol. 42, pp. 789-796, European Intellectual Property Review, London, Eng., C1-1

journal article
2019

Statutory Meaning without Parliamentary Intention: Defending the High Court's 'Alternative Approach' to Statutory Interpretation

Patrick Emerton, Lisa Crawford

(2019), pp. 39-63, Law under a democratic constitution : essays in honour of Jeffrey Goldsworthy, Oxford, Eng., B1-1

book chapter

The Treatment of Public Health Measures Affecting Intellectual Property under Multilateral and Plurilateral Trade and Investment Agreements

M Davison, P Emerton

(2019), Vol. 20, pp. 759-783, Journal of World Investment and Trade, Leiden, The Netherlands, C1-1

journal article

The Integrity of State Courts under the Australian Constitution

P Emerton

(2019), Vol. 47, pp. 521-550, Federal Law Review, London, Eng., C1-1

journal article

In Vino Veritas? The Dubious Legality of the EU's Claims to Exclusive Use of the Term "Prosecco"

Mark Davison, Caroline Henckels, Patrick Emerton

(2019), Vol. 29, pp. 110-126, AUSTRALIAN INTELLECTUAL PROPERTY JOURNAL, C1-1

journal article

Law Under a Democratic Constitution Essays in Honour of Jeffrey Goldsworthy

Lisa Crawford, Patrick Emerton, Dale Smith

(2019), London, Eng., A7-1

edited book
2018

Emergency Powers in Australia

H Lee, Michael Adams, Colin Campbell, Patrick Emerton

(2018), Cambridge, Eng., A1-1

book

The Centrality and Diversity of the Invisible Constitution

Patrick Emerton

(2018), pp. 146-166, The invisible constitution in comparative perspective, Cambridge, Eng., B1-1

book chapter

Investor-State Dispute Settlement and the Australian Constitutional Framework

Lisa Crawford, Patrick Emerton, Emmanuel Laryea

(2018), pp. 259-280, The China Australia Free Trade Agreement, Portland, Or., B1-1

book chapter

Ideas

Patrick Emerton

(2018), pp. 143-164, Oxford Handbook of the Australian Constitution, Oxford, Eng., B1-1

book chapter

PRIVATE RIGHTS, PROTEST AND PLACE IN BROWN v TASMANIA

Patrick Emerton, Maria O'sullivan

(2018), Vol. 44, pp. 458-490, MONASH UNIVERSITY LAW REVIEW, C1-1

journal article
2017

The Justice of the Tax Base and the Case for Income Tax

Patrick Emerton, Kathryn James

(2017), pp. 125-166, Philosophical Foundations of Tax Law, Oxford, Eng., B1-1

book chapter

Winterton's Australian Federal Constitutional Law Commentary and Materials

Peter Gerangelos, Nicholas Aroney, Simon Evans, Sarah Murray, Patrick Emerton, Adrienne Stone

(2017), Pyrmont, N.S.W., A7-1

edited book
2016

Parliament, the People and Interpreting the Law: Miller v Secretary of State for Exiting the European Union

Patrick Emerton, Lisa Crawford

(2016), Vol. 35, pp. 331-342, University of Queensland Law Journal, St. Lucia, Qld., C1-1

journal article
2015

The brennan court

P Emerton, J Goldsworthy

(2015), pp. 261-283, The High Court, the Constitution and Australian Politics, B1-1

book chapter

Humanitarian Intervention and the Modern State System

Patrick Emerton, Toby Handfield

(2015), pp. 223-241, Oxford Handbook of Ethics of War, Oxford, Eng., B1-1

book chapter

The Brennan Court

Patrick Emerton, Jeffrey Goldsworthy

(2015), pp. 261-283, The High Court, the Constitution and Australian Politics, Cambridge, Eng., B1-1

book chapter

RETHINKING ASYLUM SEEKER DETENTION AT SEA: THE POWER TO DETAIN ASYLUM SEEKERS AT SEA UNDER THE MARITIME POWERS ACT 2013 (CTH)

Patrick Emerton, Maria O'Sullivan

(2015), Vol. 38, pp. 695-737, UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, C1-1

journal article
2014

Understanding the political defensive privilege

Patrick Emerton, Toby Handfield

(2014), pp. 40-65, The Morality of Defensive War, Oxford, Eng., B1-1

book chapter

Naturalising Natural Law? Reflections on Martin Krygier's Philip Selznick: Ideals in the World and Kristen Rundle's Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller

Patrick Emerton

(2014), Vol. 39, pp. 161-175, Australian Journal of Legal Philosophy, C1-1

journal article
2013

The particularism of human rights discourse

P Emerton

(2013), pp. 113-143, Human Rights: Old Problems, New Possibilities, B1-1

book chapter

Winterton's Australian Federal Constitutional Law : Commentary and Materials

G Winterton

(2013), Pyrmont, NSW, A7-1

edited book
2011

Judges and non-judicial functions in Australia

P Emerton, H Lee

(2011), pp. 401-427, Judiciaries in Comparative Perspective, B1-1

book chapter
2010

Political Freedoms and Entitlements in the Australian Constitution - An Example of Referential Intentions Yielding Unintended Legal Consequences

Patrick Emerton

(2010), Vol. 38, pp. 169-203, Federal Law Review, C1-1

journal article

Political Freedoms and Entitlements in the Australian Constitution - An Example of Referential Intentions Yielding Unintended Legal Consequences

Patrick Emerton

(2010), Vol. 38, pp. 169-203, Federal Law Review, C1-1

journal article
2009

International economic justice: Is a principled liberalism possible?

P Emerton

(2009), pp. 133-161, The World Trade Organization and Human Rights: Interdisciplinary Perspectives, B1-1

book chapter

Order and affray: Defensive privileges in warfare

P Emerton, T Handfield

(2009), Vol. 37, pp. 382-414, Philosophy and Public Affairs, C1-1

journal article
2007

Australia's Terrorism Offences - A case against

Patrick Emerton

(2007), pp. 75-86, Law and Liberty in the War on Terror, B1-1

book chapter
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Paving the Way For Conviction Without Evidence - A Disturbing Trend in Australia's 'Anti-Terrorism' Laws

Patrick Emerton

(), Vol. 4, QUT Law Review, C1-1

journal article

Funded Projects at Deakin

Other Funding Sources

Socrates: Software Security with a focus on critical technologies.

A/Prof Lei Pan, Dr Syed Wajid Ali Shah, Prof Robin Ram Mohan Doss, Dr Zubair Baig, Prof Jemal Abawajy, Prof Shiri Krebs, Dr Jayson Lamchek, Dr Shamsul Huda, Dr Muna Al-Hawawreh, Dr Naeem Syed, Dr Jack Li, Dr Ye Zhu, Dr Frank Jiang, A/Prof William Yeoh, Prof Chang-Tsun Li, A/Prof Lennon Chang, Prof Patrick Emerton, Dr Hourieh Khalajzadeh, Dr Van-Hau Trieu, Dr Yanjun Zhang, Dr Leo Zhang

Cyber Security Research Centre Limited

  • 2024: $60,488
  • 2023: $120,976

Supervisions

No completed student supervisions to report