Professor Janet McLean

Email: j.m.z.mclean@dundee.ac.uk

Direct Dial: +44 (0)1382 384635

Room No: 4.06

Degrees

LL.B (Hons.), Victoria University of Wellington
LL.M University of Michigan
Enrolled as a barrister and solicitor of the High Court of New Zealand

Biography

Janet McLean was appointed Professor of Law and Governance in 2006. She previously held the position of Associate Professor at The University of Auckland Faculty of Law, where she served as Deputy Dean in 1999-2001. She has held visiting fellowships at The Australian National University (2001) and the University of Dundee (2005) and was the George P. Smith Distinguished Visiting Professor at Indiana University at Bloomington in 2003. She has acted as an advisor to the NZ government on numerous occasions serving on the Legislation Advisory Committee and on a ministerial inquiry into Human Rights Protection in New Zealand (2000). She has also contributed to the work of the World Health Organisation in the Western Pacific.

Teaching

Undergraduate:- Constitutional Law

I offer postgraduate supervision in the field of bills of rights, judicial review, the organisation of the executive, privatisation, interaction between domestic and international law; freedom of information, and the nature of the Crown.

Research

Professor McLean is widely published across public law topics including in human rights, the organisation of health services, the nature of the executive, privatisation, judicial review and the effect of international law in domestic courts.

Selected Publications

Articles

2008 "Damages and Human Rights: A Changing Relationship Between Citizen and State?" in Annual Review of Law and Ethics
2008 "The Impact of the Bill of Rights in Administrative Law Revisited: Rights Utility and Administration" in N Z Law Review, pp. 377-408
2008 "Crown Him With Many Crowns: The Crown and the Treaty of Waitangi" in 6 NZ Journal of Public and International Law, pp. 35-58
2005 "Divergent Legal Conceptions of the State: Implications for Global Administrative Law " in Kingsbury, B. and Stewart, R.(eds) Special Issue Globalisation and Administrative Law, 68 Law and Contemporary Problems. Also appears as an Institute for International Law and Justice NYU School of Law Jean Monnet Working Paper, (2005) 2 Global Administrative Law series, pp. 153-179
2004 "The Crown in Contract and Administrative Law" in 24 Oxford Journal of Legal Studies, pp. 129-154
2004 "Contracting for Health Services in a Public Health System: the New Zealand Experience" with Ashton, T. and Cumming, J. in 69/1 Health Policy, pp. 21-31
2004 "The Transnational Corporation in History: Lessons for Today?" in 79/2 Indiana Law Journal, pp. 363-377
2004 "From Empire to Globalisation: the New Zealand Experience" in 11 Indiana Journal of Global Legal Studies, pp. 161-181
2002 "The Transformation from Government to State: Globalisation and Governments as Legal Persons" in Indiana Journal of Global Legal Studies volume 10, pp. 173-197
2001 "Legislative Invalidation, Human Rights Protection and s 4 of the New Zealand Bill of Rights Act" in New Zealand Law Review 2001. (Reprinted in M. Tushnet (ed) Bills of Rights Ashgate, 2007), pp. 421-448
2001 "The Ordinary Law of Tort and Contract and the New Public Management" in Common Law World Review, pp. 387-412
2001 "Quasi-Markets and Pseudo Contracts in the New Zealand Public Health System" with Ashton, T. in 10 Otago Law Review, pp. 17-38

Book Chapters

2009 Janet McLean, RISHWORTH, P. 'Human Rights Obligations in the Private Sector: Reflections on YL v Birmingham City Council and the Meaning of ‘Public Function' (presented at Cambridge- Hong Kong Judicial Review: the Cornerstone of Good Governance Conference, December 2008)' in M Elliott, Title not yet known (Oxford University Press)
2008 Janet McLean, 'Public Function Tests: Bringing Back the State?' in Dyzenhaus, D., Hunt, M. and Huscroft, G.(eds) A Simple Common Lawyer: Essays in Honour of Michael Taggart (Hart, Oxford, pp. 185-207)
2008 Janet McLean, 'The Crown in the Courts: Can Political Theory Help?' in Pearson, L., Harlow, C. and Taggart, M.(eds) Administrative Law in a Changing State: Essays in Honour of Mark Aronson (Hart, Oxford, pp. 161-184)
2006 Janet McLean, 'Roadblocks Restraints and Remedies: the Idea of Progress in Administrative Law' in Huscroft, G. and Taggart, M.(eds) Inside and Outside Canadian Administrative Law (University of Toronto Press, pp. 211-239)
2005 Janet McLean, Tomkins, A. and Craig, P. 'New Public Management New Zealand Style' in The Executive and Public Law: Power and Accountability in Comparative Perspective (OUP, Oxford, pp. 124-160)
2005 Janet McLean, 'Problems of Translation: The State in Domestic and International Law and Beyond' in CHARLESWORTH H et al(eds) The Fluid State (Federation Press, pp. 210-228)