Dr Margaret R.L.L. Kelly

Dr Margaret R.L.L. Kelly

Dr Margaret R.L.L. Kelly

Honorary Associate Professor

Macquarie Law School
Email: margaret.kelly@mq.edu.au

Most recent contribution on behalf of Macquarie Law School:

Qualifications

  • PhD (Macq., 1999) (conferred 23.9.99)
  • -  Dissertation: King and Crown: And Examination of the Legal Foundations of the British King.
    • Examiners:
      • Prof John Morrill (History, Cambridge, UK)
      • Prof John Cannon (History, Newcastle-on-Tyne, UK)
      • Prof Michael Detmold (Law, Adelaide, Australia)
    • Supervisor: Prof Tony Blackshield (Law, Macquarie, Australia)
  • LLB (ANU, 1980) - Speciality: International Law
  • -  Dissertations:
    • Racial Discrimination: The Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination in Australia, especially in respect of Australia's Indigenous Inhabitants (1979).
    • The Nuclear Non-Proliferation Treaty: Its Relevance of in the Last Quarter of the Twentieth Century (1977).

-  Member, Editorial Panel of Federal Law Review, 1977 (name at that time: Margaret Rose Louise Leckie Matthews)

  • 1972 Masters Thesis (University of Queensland)-(not proceeded with) The Myth of the Golden Age in Seventeenth Century English Literature (name at that time; Margaret Rose Louise Leckie)
  • 1972 BA (Hons., English Literature and Language), (University of Queensland)-Speciality, 19th Century Literature:
    -  Dissertation: The Emancipation of English Women in the 1860s. (name at that time; Margaret Rose Louise Leckie)
  • 1968 Open Scholar, Queensland-State Government Scholarship for the top 25 students in the State Senior Examinations; Also awarded Commonwealth Government Tertiary Scholarship (Accepted); Quota Girl student of the Year Scholarship (Qld). Awarded State Government Teaching Scholarship (not taken up).

Research Interests

  • Constitutional history; Constitutional law; Administrative law; The Judicial Power; The nature of governance; Australian governance; the people; the Common law, its history and constitutionalism; History and law of the monarchy.

Employment History

Commonwealth of Australia Public Service

Department of Finance

  • 1988: Head, Secretariat to the Joint Public Accounts Committee (now the Joint Committee of Public Accounts and Audit).
  • -  Advise Parliamentary Committee on program and fiscal efficacy.

Department of the Prime Minister and Cabinet (1972-88):

  • 1987-88: Head, Administrative Law;
  • 1986: Office of Youth Affairs; 1981-84: Legal Section;
  • 1980-81: Cabinet Office; 1980: Welfare Section;
  • 1977-78: Constitutional and Legal Affairs Branch;
  • 1976-77: Arts and Media Branch;
  • 1972-76: Economic Division.
  • -  Policy advising on constitutional and administrative legal matters including FOI; briefing for PM; comments on Cabinet submission; Cabinet Note-taker.

Department of Aboriginal Affairs:

  • 1985-86: Sydney Regional Office, Policy;
  • 1978-79: Worked for Charles Perkins; Central Office, Canberra, Constitutional Section.
  • -  Policy review; advice to Minister; establishment of database; review of Aboriginal Legal Service.

Department of Trade and Resources: (1979-80):

  • Uranium Division, Safeguards Section.
  • -  Review of safeguards agreements and administrative arrangements for uranium export; review of uranium contracts.

Academic Teaching Responsibilities (Tenured Academic Staff)

2011-2017 (Convenor and Tutor)

2009-2010 (Convenor and Tutor)

  • LAW314 - Constitutional Law and Administration I (subsequently 'LAW314 Constitutional Law')
  • LAW315 - Constitutional Law and Administration II (subsequently LAW315 'Administrative Law')
  • LAW404 - Advanced Administrative Law - The Law Governing Decision-Making in the Migration Jurisdiction (subsequently LAW454)
  • LAW441 - Politics and the Constitution (subsequently LAW491)

2008

  • Sick leave; and
  • Visiting Scholar, Centre for Socio-Legal Studies, Oxford University, November-December 2008 (see details below).

2006-2007 (Convenor and Tutor)

  • LAW314 - Constitutional Law and Administration I (subsequently 'LAW314 Constitutional Law')
  • LAW404 - Advanced Administrative Law - The Law Governing Decision-Making in the Migration Jurisdiction (subsequently LAW454)
  • LAW441 - Politics and the Constitution (subsequently LAW491) [2007 only]
  • LAW315- Constitutional Law and Administration II (tutor only) - subsequently 'LAW315 - Administrative Law)

2003-2006 (Convenor and Tutor)

  • LAW314 - Constitutional Law and Administration I (Convenor 2006; tutor 2002-2005; subsequently 'LAW314 Constitutional Law', previously LAW309)
  • LAW315- Constitutional Law and Administration II (tutor only) - subsequently 'LAW315 - Administrative Law, previously LAW309)
  • LAW404 - Advanced Administrative Law - The Law Governing Decision-Making in the Migration Jurisdiction (subsequently LAW454); Convenor and Tutor.
  • LAW113 - Jurisprudence (later LAW214), Convenor and Tutor, 2003 only.

2002

  • LAW404 - Advanced Administrative Law (subsequently LAW454); Convenor and Tutor.
  • LAW309 - Constitutional Law and Administration (Later LAW314 - Constitutional Law and Administration I, and subsequently 'LAW314 Constitutional Law' and subsequently 'LAW315 - Administrative Law'); tutor.

Academic Teaching Responsibilities (Casual Employee)

2002 -  University of NSW:

  • Constitutional Law [LAWS2150] tutor

2000 -  Macquarie University:

  • Constitutional Law [LAW309]; tutor.
  • Administrative Law [LAW309]; tutor.
  • Advanced Administrative Law [LAW404] (Convenor, lecturer and tutor).

1999 -  Macquarie University: tutor

  • Jurisprudence [LAW113];
  • Criminal law [LAW 205];
  • Constitutional Law [LAW309];
  • Advanced Administrative Law [LAW404].

Literary Editing and Indexing

  • Editing: 1983-1995 - manuscripts of and indices to Paul Kelly's books, The Dismissal/The Unmaking of Gough, The Hawke Ascendancy, The End of Certainty, November 1975, The March of Patriots (2009)
  • Indexing: Dr Peter Radan's book, The Breakup of Yugoslavia; 1992-1995 (Routledge, 2001); Paul Kelly's books, The End of Certainty (Allen & Unwin 1992), November 1975 (Allen & Unwin 1995).

Publications and Presentations

Books

  • MRLL Kelly, LawBriefs: Administrative Law (1st edition, Lawbook Co., Australian), 2015 [ISBN13:9780455234229, Thomson Reuters].
  • MRLL Kelly, LawBriefs: Administrative Law (Pearson Education Australia, 2009).

Book Chapters

  • MRLL Kelly, Sir John Fortescue and the Political Dominium, Chapter 2, in DJ Galligan (ed.), Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham, OUP, 2014, ISBN-13: 9780198714989.

Encyclopaedia Entries

  • MRLL Kelly, Sir John Fortescue, (entry by invitation) The Encyclopedia of Political Thought (Michael Gibbons, ed., Blackwells, 2013-2014).
  • MRLL Kelly, Coronation Oath (entry by invitation) The Milton Encyclopedia, (T Corns, ed., Yale University Press, 2012).

Academic Articles

  • MRLL Kelly and Ummey Sharaban Tahura, 'Procedural Experiences from the Civil Courts of Bangladesh: Case Management as a Potential Means of Reducing Backlogs', Australian Journal of Asian Law, 2015, Vol 16 No 1, Article 5: 1-22.
  • MRLL Kelly, 'The case for Repeal of the Victorian Charter of Rights and Responsibilities Act 2006' The Samuel Griffith Society Conference, Hobart, 26 - 28 August, 2011.
    • Proceedings of the Samuel Griffith Society, Volume 23, 2011.
    • MRLL Kelly, Speech to Victorian Lawyers, Melbourne, 29 August 2011, on The Case for Repeal of the Victorian Charter of Rights and Responsibilities, at the invitation of the Menzies Research Centre.
      • Other speakers: Bob Carr (former Premier of NSW); Senator George Brandis (then Commonwealth Shadow Attorney-General).
      • Broadcast on APAC channel 648 on Pay TV at 8pm, Monday 5 September, 2011.
  • MRLL Kelly AIAL (Australian Institute of Administrative Law) Conference, Democracy, Participation and Administrative Law, Canberra, 21-22 July 2011; published 69 AIAL Forum (2012), 44-76.
  • MRLL Kelly, 'Common Law Constitutionalism and the Oath of Governance: "An Hieroglyphic of the Laws",' (2009) 28:1 Mississippi College Law Review (MissCollLR), 121-180.
  • MRLL Kelly, 'Marbury v Madison: An Analysis,' 2005 High Court Quarterly Review, Vol. 1(2), 58 -141, (Sandstone Academic Press, South Yarra, Vic, Australia), ISSN 1449-9037.
  • MRLL Kelly, 'The Sovereignty of Parliament: Historical Review', [a review from an historical perspective of Jeffrey Goldsworthy's The Sovereignty of Parliament], (2002) 27 Australian Journal of Legal Philosophy, 157-171, ISSN 1440-4982.
  • MRLL Kelly, 'The Queen of the Commonwealth of Australia,' Australasian Parliamentary Review, Volume 16, No. 1, Autumn 2001, Centenary of Federation edition, 150-175, ISSN 1447-9125, 0816-9152 (this latter was the ISSN for Legislative Studies, the former name of the Journal, and this number was retained for the first edition of APR).

Academic Presentations

Invited International Conferences and Seminars

2018

"Federalism: Pros and Cons" 2018 Putney Debates  (Foundation of Law Justice and Society, Oxfpr University, UK) see (YouTube at https://www.youtube.com/watch?v=nPsdF7LPRUE )

PowerPoint slides https://www.slideshare.net/slideshow/embed_code/key/KTxM8BVLm7tWAD .

2008

Visiting Scholar, Oxford University, UK

  • 'Sir John Fortescue and the Political Dominium, Constitutions and the Classics: Fortescue, the Levellers, Harrington, Hobbes, Locke, Hume, and Bentham', Wednesday 3 - Thursday 4 December 2008, Wolfson College, Oxford [with Professors Denis Galligan (Levellers), Colin Davis (Harrington), Tom Sorrell (Hobbes), Jean-Fabien Spitz (Locke), Philip Schofield (Bentham), and Chairman of the Foundation for Law, Justice and Society, John Adams (Hume)].
  • 'The Common Law of the Monarchy: Adaptation to a New Australian Governance', 1 December 2008, the Centre for Socio-Legal Studies, Oxford.
  • 'Common Law Constitutionalism', 28 November, The Public Law Discussion Group, (Postgraduate, with Prof. Paul Craig), Law Faculty, Oxford.
  • 'The Sovereign of the Constitution: Oaths, Power and the People', 20 November, Centre for Socio-Legal Studies, Oxford.
  • 'John Milton: Catching the Conscience of the King? Politics and Paradise Lost', Wolfson College, Oxford: Colloquium: The World Turned (Almost) Upside Down, 17 November 2008: with Prof DJ Galligan (Levellers) and Prof Richard Sorabji (17th century Conscience).

2007

Padua: Law and Mental Health Conference

  • 'Dying with Dignity: Dissecting "Palliative Care" for "Existential Pain"'-paper in session on 'Existential Pain' by invitation of Prof. George Smith (Catholic University of America), at the XXXth International Congress on Law and Mental Health at the University of Padua from June 25th to 30th 2007 [presented by Prof. Smith in my absence due to illness].

2006

Keele University, UK: Society of Legal Scholars' Conference

  • 'Common Law Constitutionalism and the Oath of Governance: "an hieroglyphic of the laws".' Paper presented to the Legal History stream of the Society of Legal Scholars' Conference, Keele University, UK, 4-7 September 2006, on 7 September 2006.
    • Published (2009) 28:1 Mississippi College Law Review (MissCollLR), 121-180.

2006

New Zealand: Australian Society for Legal Philosophy Conference

Invited Domestic Conferences and Seminars

2011

  • The Samuel Griffith Society Conference, Hobart, 26-28 August, 2011, 'The case for Repeal of the Victorian Charter of Rights and Responsibilities Act 2006.'
    • Proceedings of the Samuel Griffith Society, Volume 23, 2011.
  • Speech to Victorian Lawyers, Melbourne, 29 August 2011, on The Case for Repeal of the Victorian Charter of Rights and Responsibilities, at the invitation of the Menzies Research Centre.
    • Other speakers: Bob Carr (former Premier of NSW); Senator George Brandis (then Commonwealth Shadow Attorney-General).
    • Broadcast on APAC channel 648 on Pay TV at 8pm, Monday 5 September, 2011.
  • Australian Institute of Administrative Law (AIAL) Conference, Democracy, Participation and Administrative Law, Canberra, 21-22 July 2011.
    • Invited Plenary Presentation: Does the expansion of judicial review pose a threat to democratic governance? Friday 22 July 2011.

2007

  • The High Court and the Judicial Power (Macquarie University, 2007 [LAW115 Foundations of Law]).

2006

  • Religion and the Australian Constitution; Christianity and the Common Law (Macquarie University, 2006, LAW432 [Law & Religion]).

2005

  • Origins of the Common Law (Macquarie University, 2005, LEGL100 [The Common Law Tradition]).

2004

  • The Privy Council and the Australian Constitution (Macquarie University, LAW413 [Australian Legal History].

2003

  • 'The People, the Crown and the Common Law' Macquarie University Division of Law seminar, 8 May 2003.

2002

  • By Invitation: The Early Modern Society (UNSW) 'The Coronation Oath in the 17th Century'.

2001

  • By invitation: Australian Society of Legal Philosophy Annual Conference, 15-17 June, 2001, ANU. Invited as an historical reviewer of Jeffrey Goldsworthy's book, The Sovereignty of Parliament, together with Professor Geoffrey Lindell, Professor Geoffrey Q de Walker, and Sir Anthony Mason.
  • By invitation: at Professor Michael Detmold's request, presentation to lawyers and historians at the Adelaide Law School, 30 April 2001: 'The People, The Queen, and Australian Independence'.

Media Presence and Impact

Newspapers

Television

  • Live Commentary, ABC News 24, Weekend Breakfast, on Prime Minister's PNG Solution, 20 July 2013.
  • Live Commentary, Regarding High Court case M70 on Sky News AM Agenda, 1 September 2011.
  • Panellist on Difference of Opinion, ABC TV, August 2007, on Federalism (Canberra Raiders).

Online Publications

Submissions to Government

Teaching Course Materials

  • Politics and the Constitution, (LAW441, LAW491) Macquarie University, Macquarie Lighthouse Press, 2007 (3 Volumes) - reissued 2010, 2012, 2014.
  • Advanced Administrative Law: The Law Governing Decision-making, (LAW404, LAW454) Macquarie University, Macquarie Lighthouse Press (3 Vols.) 2004, 2005, 2007; 2009; 2011, 2013.
  • Jurisprudence, (LAW113), Macquarie University, 2003, (2 Vols.).
  • Terms and People, (A Compendium of useful information for First Year Law students, 2003).
  • Law and Religion, (LAW432) Vol. 3, pp. 1-147, Macquarie University, 2006.
  • Constitution ss. 53-57 and the Events of 1974-1975, Macquarie University, 2000.

Content owner: School of Law Last updated: 10 Jan 2019 4:17pm

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