James Marcus

James Marcus

Higher Degree by Research Candidate

Adelaide Law School

Faculty of the Professions


James Marcus is a PhD candidate at the Adelaide Law School and practises as a barrister at Len King Chambers, Adelaide. James works primarily in the fields of criminal and disciplinary, administrative and commercial 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.

James' thesis seeks to examine instances of abrogation by the state of common law and statutory rights and protections and the justifications proffered for such abrogation. The ultimate aim of this thesis is to analyse and understand how the use of coercive power plays out in the practice, whether 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.

PhD thesis

  • An investigation into laws permitting the use of coercive power, and especially laws abrogating fundamental rights and privileges, 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.

Other areas of interest

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

 

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  • Appointments

    Date Position Institution name
    2019 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 Competencies

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

    Date Institution name Country Title
    2021 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
  • Research Interests

Commonwealth RTS funding


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