Professor Janet Margaret McLean
Janet McLean is a Professor of Law at The University of Auckland. She holds an honorary Professorship at the University of St Andrews Institute for Constitutional and Legal Studies and is a visiting professor at the University of Melbourne where she teaches in their masters programme. Before returning to Auckland in 2012 she held the Chair in Law and Governance at the University of Dundee (where she continues to hold an honorary chair). She has held visiting fellowships at Woodrow Wilson School of Politics and International Affairs and the Program in Law and Public Affairs, Princeton University (2009), and at The Australian National University (2001) and was the George P. Smith Distinguished Visiting Professor at Indiana University at Bloomington (2003). She has acted as an advisor to the NZ government serving on the Legislation Advisory Committee and on a ministerial inquiry into Human Rights Protection in New Zealand (2000) and has acted as an expert witness for the Canadian Federal Government. She was appointed as a Queen's Counsel and was the recipient of a Marsden Standard Grant for a project Re-constitutionalising Public Service in Westminster Jurisdictions in 2020.
Research | Current
Her research interests include the constitutional role of the official, the public-private distinction, the nature of the Crown, Bills of Rights, bureaucratic design, public contracting, freedom of information and the nature of unwritten constitutions.
Teaching | Current
LAW 211- Public Law
LAWPUBL 431 – Advanced Public Law
LAWPUBL 438 – European Public Law
LAWPUBL 756 - Crown and State Liability
Bureaucracy and administrative law
History and theory of administrative law
Nature of the Crown
The horizontal application of human rights
Attorney-General’s certificates under s7 NZ Bill of Rights Act 1990
Crown liability for systemic harm
Associate Dean (Research)
Areas of expertise
Constitutional and administrative history
Selected publications and creative works (Research Outputs)
- McLean, J. (2018). The unwritten constitution. In G. Jacobsohn, M. Schor (Eds.) (pp. 395-414). EDWARD ELGAR PUBLISHING LTD.
- Quentin-Baxter, A., & McLean, J. (2017). This realm of New Zealand: The Sovereign, the Governor-General, the Crown. Auckland, New Zealand: Auckland University Press.
- McLean, J. (2016). Convergence in public and private law doctrines – The case of public contracts. New Zealand Law Review, 2016 (1), 5-29.
- McLean, J. (2016). The unwritten political constitution and its enemies. International Journal of Constitutional Law, 14 (1), 119-136. 10.1093/icon/mow002
- McLean, J. (2015). Crown, Empire and Redressing the Historical Wrongs of Colonisation in New Zealand. New Zealand Law Review, 2015 (2), 187-212.
- McLean, J. (2013). Ideologies in Law Time: The Oxford History of the Laws of England. Law and Social Inquiry, 38 (3), 746-764. 10.1111/lsi.12016
- McLean, J. (2012). Searching for the state in British legal thought: Competing conceptions of the public sphere. Cambridge: Cambridge University Press. Pages: 334.
- Rishworth, P., & McLean, J. (2010). Human rights obligations in the private sector: reflections on YL v Birmingham City Council and the meaning of public function. Effective judicial review: a cornerstone of good governance (pp. 101-119). Oxford UK: Oxford University Press.