Biography
Patrick Emerton is an Associate 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. In May 2023, he was appointed Acting 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 profileResearch 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
Affiliations
Australasian Society for Legal Philosophy
Icon-S (International Society of Public Law)
Teaching interests
Equity, Trusts and Equitable Remedies
Constitutional Law
Units taught
MLL405
MLJ717
MLL323
Knowledge areas
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Constitutional Law and Theory
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Political, Legal and Social Philosophy
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Private Law Theory
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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
One Important Role of Facts in Constitutional Adjudication
Patrick Emerton, Jayani Nadarajalingam
(2023), pp. 49-65, Facts in Public Law Adjudication, UK, B1
The Australian Constitution as a Framework for Securing Economic Justice
P Emerton
(2023), Vol. 51, pp. 372-396, Federal Law Review, London, Eng., C1
Public reason, public benefit, and 'political' charities
Patrick Emerton
(2022), pp. 223-251, Charity law: exploring the concept of public benefit, London, Eng., B1
Tax Justice in Australia - Some Critical Considerations
Patrick Emerton
(2022), Vol. 51, pp. 144-152, AUSTRALIAN TAX REVIEW, C1
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
Patrick Emerton, Lisa Crawford
(2019), pp. 39-63, Law under a democratic constitution : essays in honour of Jeffrey Goldsworthy, Oxford, Eng., B1-1
M Davison, P Emerton
(2019), Vol. 20, pp. 759-783, Journal of World Investment and Trade, Leiden, The Netherlands, C1-1
The Integrity of State Courts under the Australian Constitution
P Emerton
(2019), Vol. 47, pp. 521-550, Federal Law Review, London, Eng., C1-1
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
Law Under a Democratic Constitution Essays in Honour of Jeffrey Goldsworthy
Lisa Crawford, Patrick Emerton, Dale Smith
(2019), London, Eng., A7-1
H Lee, Michael Adams, Colin Campbell, Patrick Emerton
(2018), Cambridge, Eng., A1-1
The Centrality and Diversity of the Invisible Constitution
Patrick Emerton
(2018), pp. 146-166, The invisible constitution in comparative perspective, Cambridge, Eng., B1-1
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
Patrick Emerton
(2018), pp. 143-164, Oxford Handbook of the Australian Constitution, Oxford, Eng., B1-1
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
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
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
Patrick Emerton, Lisa Crawford
(2016), Vol. 35, pp. 331-342, University of Queensland Law Journal, St. Lucia, Qld., C1-1
P Emerton, J Goldsworthy
(2015), pp. 261-283, The High Court, the Constitution and Australian Politics, B1-1
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
Patrick Emerton, Jeffrey Goldsworthy
(2015), pp. 261-283, The High Court, the Constitution and Australian Politics, Cambridge, Eng., B1-1
Patrick Emerton, Maria O'Sullivan
(2015), Vol. 38, pp. 695-737, UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, C1-1
Understanding the political defensive privilege
Patrick Emerton, Toby Handfield
(2014), pp. 40-65, The Morality of Defensive War, Oxford, Eng., B1-1
Patrick Emerton
(2014), Vol. 39, pp. 161-175, Australian Journal of Legal Philosophy, C1-1
The particularism of human rights discourse
P Emerton
(2013), pp. 113-143, Human Rights: Old Problems, New Possibilities, B1-1
Winterton's Australian Federal Constitutional Law : Commentary and Materials
G Winterton
(2013), Pyrmont, NSW, A7-1
Judges and non-judicial functions in Australia
P Emerton, H Lee
(2011), pp. 401-427, Judiciaries in Comparative Perspective, B1-1
Patrick Emerton
(2010), Vol. 38, pp. 169-203, Federal Law Review, C1-1
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
Order and affray: Defensive privileges in warfare
P Emerton, T Handfield
(2009), Vol. 37, pp. 382-414, Philosophy and Public Affairs, C1-1
Australia's Terrorism Offences - A case against
Patrick Emerton
(2007), pp. 75-86, Law and Liberty in the War on Terror, B1-1
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