Prof. James Allan: An Indigenous Voice?

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I had a brilliant time at the Round Table Forum where James Allan delivered a sharp, entertaining and deeply thought-provoking take on the proposed Indigenous Voice to Parliament. He opened with self-deprecating humour — including a trending CPAC anecdote and a classic Johnny joke — which set the tone for a talk that mixed legal rigour with plain-speaking scepticism. Allan challenges the idea that judges will be constrained by tight wording in the Constitution, warning that courts often ignore original intent and treat constitutional text as a canvas for moral or progressive projects. He cites cases like Roach and figures such as Murray Gleeson to argue that judicial creativity is a real risk if the Voice is enshrined. Along the way he touches on his own international background, his time in New Zealand and North America, and why he thinks lawyers’ debates shouldn't be the deciding factor. If you want a lively, lawyerly critique of the Voice proposal that’s full of anecdotes, sharp observations and a healthy dose of humour, this talk by James Allan is well worth your time. Don’t miss the Q&A at the end for the full joke!

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I was really excited to share this talk from James Allan at the Round Table Forum of WHA — it’s a cracker of a speech: smart, funny and uncompromising. Allan unpacks the proposed constitutional amendment to create an Aboriginal and Torres Strait Islander Voice, explaining the three-line proposal and then moving into a judicial and constitutional critique you don’t often hear delivered with such wit. He opens with a couple of jokes (including a CPAC story that apparently trended on Twitter) and a memorable Johnny-and-the-Catholic-school gag, which lightens a talk that otherwise digs into serious legal concerns.

Allan’s central warning is straightforward: judges in Australia may not be confined by a few words in the Constitution. He argues that courts frequently look beyond original intent, sometimes treating constitutional text as a blank cheque to advance particular moral or policy views. He references cases such as Roach and judges like Murray Gleeson as examples of interpretive creativity. Allan blends legal argument with personal colour — his international background, time in New Zealand and North America, and lively asides — to make the point that enshrining a Voice could have unforeseen judicial consequences.

If you’re interested in the Voice to Parliament debate from a constitutional law perspective, this video is essential viewing. James Allan is clear, engaging and provocative — watch the full talk and the Q&A for the jokes and the deeper legal analysis. If you find the discussion useful, please like, share and subscribe for more speeches and debates from events around Australia.

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