Emerita Professor Fiona Wheeler
Areas of expertise
- Constitutional Law 180108
- Legal Institutions (Incl. Courts And Justice Systems) 180120
Research interests
Constitutional Law, Courts and the Judicial System, History of the High Court of Australia
Biography
Fiona Wheeler is an Emeritus Professor in the ANU College of Law, ANU. She joined the ANU in 1990 and served in the College as Sub-Dean (2000-2003), Director of Research (2006-2008), Head of School (July-December 2009) and Deputy Dean (January 2010-June 2014). Prior to her appointment to ANU she was an Associate to Justice Mary Gaudron, High Court of Australia (1989-1990).
Fiona’s research is primarily in the area of constitutional law, with a particular interest in courts and the judicial system and the history of the High Court of Australia. Her doctorate on the separation of judicial power under the Australian Constitution was awarded the ANU JG Crawford Prize. She is the author of numerous articles and book chapters and with Brian Opeskin co-edited The Australian Federal Judicial System (MUP, 2000).
Fiona has served on the Executive of the Australian Association of Constitutional Law, as Comments Editor, Public Law Review, 2000-2007 and in the first half of 2009 was based at the National Library of Australia as an Honorary Harold White Fellow. She held the position of Deputy Dean in the ANU College of Law between January 2010 and June 2014, serving as Acting Dean on numerous occasions. She has been a member of many College and University committees and served as Chair, ANU Academic Board 2012-2014. She is a Fellow, Australian Academy of Law.
Publications
- Wheeler, F 2020, 'Kable, The Communist Party Case and the Rule of Law', in John Griffiths and James Stellios (ed.), Current Issues in Australian Constitutional Law: Tributes to Professor Leslie Zines, The Federation Press, Sydney, pp. 245-252.
- Wheeler, F 2018, 'The French Court and the Kable Doctrine', Public Law Review, vol. 29, no. 2, pp. 111-117.
- Wheeler, F & Wimborne, B 2018, 'Kitto, Sir Frank Walters (1903-1994)', in (ed.), Australian Dictionary of Biography, Australian National University, Australia, online.
- Wheeler, F 2018, 'Due Process', in Cheryl Saunders and Adrienne Stone (eds.), Oxford Handbook of the Australian Constitution, Oxford University Press, Oxford, United Kingdom, pp. 928-951.
- Wheeler, F 2018, 'The Federal Court of Australia and Extra-Judicial Work', in Pauline Ridge and James Stellios (eds.), The Federal Court's Contribution to Australian Law: Past, Present and Future, The Federation Press, Australia, pp. 34-55.
- Meagher, D, Simpson, A, Stellios, J, Wheeler, F, Hanks Australian Constitutional Law: Materials and Commentary (2016, 10th ed), LexisNexis, Annandale, NSW.
- Wheeler, F 2015, 'The Latham Court: Law, War and Politics', in R Dixon, G Williams (ed.), The High Court, the Constitution and Australian Politics, Cambridge University Press, Port Melbourne, Victoria, Australia, pp. 159-178.
- Wheeler, F 2015, 'Constitutional Limits on Extra-Judicial Activity by State Judges: Wainohu and Conundrums of Incompatibility', Sydney Law Review, vol. 37, no. 3, pp. 301-327.
- Wheeler, F 2011, 'Sir John Latham's Extra-Judicial Advising', Melbourne University Law Review, vol. 35, no. 2, pp. 651-676.
- Wheeler, F 2011, 'The High Court and Constitutional Interpretation', Legal Date, vol. 23, no. 3, pp. 2-4.
- Wheeler, F 2010, 'Parachuting In: War and Extra-Judicial Activity by High Court Judges', Federal Law Review, vol. 38, no. 3, pp. 485-502.
- Coper, M, Rao, A, Rice, S & Wheeler, F, 2010, Multiple Opinions Project: Report, Report to the National Judicial College of Australia.
- Wheeler, F 2009, 'The Separation of Powers and Progressive Interpretation', in HP Lee and Peter Gerangelos (eds.), Constitutional Advancement in a Frozen Continent, Federation Press, Sydney, pp. 222-244.
- Wheeler, F & Williams, J 2007, '"Restrained Activism" in the High Court of Australia', in Brice Dickson (ed.), Judicial Activism in Common Law Supreme Courts, Oxford University Press, New York, USA, pp. 19-67.
- Wheeler, F 2007, 'Commonwealth Power over Infrastructure: constitutional tools for national economic regulation', Public Policy, vol. 2, no. 3, pp. 195-209.
- Wheeler, F 2006, 'Family law and the Constitution', LegalDate, vol. 18, no. 3, pp. 1-2.
- Wheeler, F 2006, 'BLF v Minister for Industrial Relations: The Limits of State Legislative and Judicial Power', in George Winterton (ed.), State Constitutional Landmarks, The Federation Press, Sydney Australia, pp. 362-389.
- Wheeler, F 2005, 'The Kable Doctrine and State Legislative Power Over State Courts', Australasian Parliamentary Review, vol. 20, no. 2, pp. 15-30.
- Wheeler, F 2005, 'Fair Trial and the Australian Constitution', Legal Date, vol. 17, no. 3, pp. 6-7.
- Wheeler, F 2004, 'Due Process, Judicial Power and Chapter III in the New High Court', Federal Law Review, vol. 32, no. 2, pp. 205-224.
- Wheeler, F 2003, 'Book Review: Owen Dixon, Philip Ayres', Federal Law Review, vol. 31, no. 2, pp. 415-420.
- Wheeler, F 2003, 'The Boilermakers Case', in HP Lee & George Winterton (eds.), Australian Constitutional Landmarks, Cambridge University Press, Cambridge, pp. 160-179.
- Wheeler, F 2002, 'Book Review: A Living Force: Andrew Inglis Clark and the ideal of Commonwealth', Public Law Review, vol. 13, no. 3, pp. 228-230.
- Wheeler, F 2001, 'Separation of powers', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 618-620.
- Wheeler, F 2001, 'The rise and rise of judicial power under Chapter III of the Constitution: A decade in overview', Australian Bar Review, vol. 20, no. 3, pp. 283-292.
- Wheeler, F 2001, 'Non-judicial functions', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 502-504.
- Wheeler, F 2001, 'Book Review:The Rule of Law and the Constitution', Australasian Parliamentary Review, vol. 16, no 1, pp. 219-221.
- Wheeler, F 2000, 'Federal Judges as Holders of Non-judicial Office', in Opeskin, B and Wheeler, F (eds.), The Australian Federal Judicial System, Melbourne University Press, Melbourne, pp. 442-474.
- Wheeler, F, ed. (with Opeskin, B), 2000, The Australian Federal Judicial System, Melbourne University Press, Melbourne.
- Wheeler, F 1997, 'Framing an Australian Constitutional Law: Andrew Inglis Clark and William Harrison Moore', Australian Journal of Legal History, vol. 3, no. 2, pp. 237-251.
- Wheeler, F 1997, 'The Doctrine of Separation of Powers and Constitutionally Entrenched Due Process in Australia', Monash University Law Review, vol. 23, no. 2, pp. 248-284.
- Wheeler, F 1997, 'Has Engineers Reached its "Use By" Date? A Third Perspective', in M Coper and G Williams (eds.), How Many Cheers for Engineers?, Federation Press, Sydney, pp. 129-135.
- Wheeler, F 1996, 'The Use of Federal Judges to Discharge Executive Functions: The Justice Mathews Case', Canberra Bulletin of Public Administration, no. 82, pp. 10-16.
- Wheeler, F 1996, 'Original Intent and the Doctrine of the Separation of Powers in Australia', Public Law Review, vol. 7, no. 2, pp. 96-109.
- Wheeler, F 1993, 'Common Law Native Title in Australia - An Analysis of Mabo v Queensland [No 2]', Federal Law Review, vol 21, no. 2, pp. 271-278.
- Wheeler, F 1992, 'Judicial Review of Prerogative Power in Australia: Issues and Prospects', Sydney Law Review, vol 14, no. 4, pp. 432-473.