Mr James Marcus

Higher Degree by Research Candidate

School of Law

College of Business and Law

Available For Media Comment.


James Marcus is a PhD graduate from the Adelaide University Law School and practises as a barrister at Len King Chambers, Adelaide. James works primarily in the fields of criminal and disciplinary, administrative and regulatory law. James' main area of research is the granting and exercise of power and the relationship between the exercise of power and the rights of the individual, particularly when such powers abrogate fundamental rights. James' thesis examined instances of abrogation of common law and statutory rights and protections by the State and the justifications proffered for such abrogation. The thesis explains how the use of coercive power plays out in the practice, how this differs from the stated purpose of such power and ultimately, whether in the context of the use of coercive power at the expense of individual rights, the end can be said to justify the means. The thesis also makes recommendations as to how such powers and safeguards can be improved in practice.

PhD thesis (competed December 2025) - What safeguards are necessary when coercive investigative powers abrogate traditional legal rights?

  • An investigation into laws permitting the use of coercive power, and especially laws abrogating fundamental rights and privileges such as the privilege against self-incrimination, with a view to evaluation of the effectiveness of such laws with a focus on the comparison of practical effects and outcomes to the proposed justification of such laws and consideration of the safeguards surrounding the use of such power.

Other areas of interest

  • Criminal law
  • Administrative law
  • The rules of evidence
  • The right to silence and the privilege against self incrimination
  • Control and review of state power

 

Date Position Institution name
2019 - ongoing Barrister Len King Chambers
2017 - 2019 Prosecutor Office of the Director of Public Prosecutions of South Australia
2012 - 2017 Criminal Lawyer Legal Services Commision of South Australia

Language Competency
English Can read, write, speak, understand spoken and peer review

Date Institution name Country Title
2021 - 2026 University of Adelaide Australia Doctor of Philosphy (Law)
2019 - 2019 South Australian Bar Association Australia Bar Readers Course
2013 - 2016 Australian National University Australia Master of Laws
2011 - 2012 Australian National University Australia Graduate Diploma of Legal Practice
2007 - 2011 University of Adelaide Australia Bachelor of Laws

Commonwealth RTS funding


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