Dr David Tomkins
Lecturer
School of Law and Justice
- Email:david.tomkins@newcastle.edu.au
- Phone:0249218747
Career Summary
Biography
I am an Australian lawyer with degrees in commerce (accounting) and law, and postgraduate qualifications in law from the United Kingdom and Germany. I am admitted as a legal practitioner of the Supreme Court of New South Wales.
My doctoral thesis is in the field of comparative constitutional law, focusing on the limits to judicial power (non-justiciability) in US federal and English public law.
Prior to undertaking postgraduate studies I worked in Sydney as a tipstaff and judge's associate to two different judges in the Compensation Court and Dust Diseases Tribunal of New South Wales – work which regularly brought me to Newcastle. I was subsequently active in the field of research and public policy in Germany, the United States and New Zealand. Before joining Newcastle Law School in 2014 I was an academic visitor and research assistant at the University of Auckland and a tutor at the University of Sydney.
Research Expertise
Constitutional law, Administrative Law, Comparative constitutional law, Comparative administrative law, Constitutional theory, Legal theory (jurisprudence), Political theory
Teaching Expertise
Constitutional Law, Administrative Law, Jurisprudence (Legal Theory), and Property.
Qualifications
- PhD (Law), University of Oxford - UK
- Bachelor of Commerce, University of Western Sydney
- Bachelor of Laws (Honours), University of Western Sydney
- Lawyer, Supreme Court of New South Wales
- Master of Laws, Universitat Trier - Germany
- Bachelor of Civil Law, University of Oxford - UK
- Master of Philosophy, University of Oxford - UK
Keywords
- Administrative Law
- Comparative Law
- Constitutional Law
- Constitutional Theory
- Jurisprudence
- Law
- Legal History
- Legal Theory
- Public Law
Languages
- English (Mother)
- German (Fluent)
- French (Working)
Fields of Research
| Code | Description | Percentage |
|---|---|---|
| 480410 | Legal theory, jurisprudence and legal interpretation | 20 |
| 480702 | Constitutional law | 50 |
| 480701 | Administrative law | 30 |
Professional Experience
UON Appointment
| Title | Organisation / Department |
|---|---|
| Lecturer | University of Newcastle Newcastle Law School Australia |
Teaching
| Code | Course | Role | Duration |
|---|---|---|---|
| LAWS6023 |
Jurisprudence Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 27/2/2017 - 2/6/2017 |
| LAWS4011 |
Property Newcastle Law School, University of Newcastle, Australia |
Tutor | 26/2/2018 - 8/6/2018 |
| LAWS6007 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 30/7/2018 - 9/11/2018 |
| LAWS6043 |
Advanced Legal Research Topic Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 9/7/2018 - 9/11/2018 |
| LAWS6007 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 25/7/2016 - 4/11/2016 |
| LAWS5030 |
Legal Theory Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 3/3/2014 - 13/6/2014 |
| LAWS6023 |
Legal Theory Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 23/2/2015 - 5/6/2015 |
| LAWS4002 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 30/7/2018 - 9/11/2018 |
| LAWS4002 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 28/7/2014 - 7/11/2014 |
| LAWS4001 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 3/3/2014 - 13/6/2014 |
| LAWS5005 |
Advanced Legal Research and Writing Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 30/7/2018 - 9/11/2018 |
| LAWS5030 |
Legal Theory Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 23/2/2015 - 5/6/2015 |
| LAWS4002 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 25/7/2016 - 4/11/2016 |
| LAWS4001 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 27/2/2017 - 2/6/2017 |
| LAWS6006 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 26/2/2018 - 8/6/2018 |
| LAWS4002 |
Administrative Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 27/7/2015 - 6/11/2015 |
| LAWS5030 |
Jurisprudence Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 27/2/2017 - 2/6/2017 |
| LAWS6043 |
Advanced Legal Research Topic Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 26/2/2018 - 8/6/2018 |
| LAWS4001 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Lecturer | 22/2/2016 - 3/6/2016 |
| LAWS4001 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Lecturer | 23/2/2015 - 5/6/2015 |
| LAWS6006 |
Constitutional Law Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 27/2/2017 - 2/6/2017 |
| LAWS5030 |
Jurisprudence Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 26/2/2018 - 8/6/2018 |
| LAWS6023 |
Jurisprudence Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 26/2/2018 - 8/6/2018 |
| LAWS5005 |
Advanced Legal Research and Writing Newcastle Law School, University of Newcastle, Australia |
Course Coordinator | 26/2/2018 - 8/6/2018 |
Publications
For publications that are currently unpublished or in-press, details are shown in italics.
Chapter (2 outputs)
| Year | Citation | Altmetrics | Link |
|---|---|---|---|
| 2018 | Tomkins DJ, 'Implied Freedoms and Political Donations: The Unions New South Wales and McCloy Cases', Upholding the Australian Constitution: Proceedings of the Samuel Griffith Society, Samuel Griffith Society, Melbourne 41-75 (2018) | ||
| 2016 | Lindsay KA, Tomkins D, 'The Judicial Scholar and the Scholarly Judge: Extra-Curial Writing and Intellectual Independence on the High Court', Judicial Independence in Australia: Contemporary Challenges, Future Directions, The Federation Press, Leichhardt NSW 168-182 (2016) [B1] | Open Research Newcastle |
Journal article (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2017 |
Lindsay KA, Tomkins D, 'Hail to the Chief! The Roles and Leadership of Australian Chief Justices as Evidenced in Extra-Curial Activity 1964-2017', UNSW Law Journal, 40, 712-760 (2017) [C1]
|
Open Research Newcastle |
Report (1 outputs)
| Year | Citation | Altmetrics | Link |
|---|---|---|---|
| 2013 | Tomkins DJ, Ekins R, 'Constitutional Theory for the Constitutional Review', Maxim Institute, 12 (2013) |
Research Supervision
Number of supervisions
Completed9
Current0
Past Supervision
| Year | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2025 | PhD | Law for Nature-based Solutions: Designing Eco-legal Systems for Ecosystem-based Adaptation in the Brazilian Coastal Zone | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
| 2024 | Honours | The Energy Transition and Federalism: Two Nations, One Goal | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2021 | Honours | One Foreign Policy or Seven? An Analysis of the Foreign Affairs Power in Australian Constitutional Law and the Impact of the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2019 | Honours | A Peculiar Privilege: Is Parliamentary Contempt Judicially Reviewable? | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2019 | Honours | Law’s Authority in Circumstances of Plurality (With Case Studies from within the Australian Legal System) | Law Not Elsewhere Classified, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2019 | Honours | Fundamental Constitutional Choices: Characterisation Revisited | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2018 | Honours | Functionalism in Australian Constitutional Interpretation: An Originalist Critique | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2015 | Masters | What Are You Barking At? Viewing Kable As A Doctrine Of Constitutional Criminal Law | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
| 2015 | Honours | Conflict And Opportunity: The Free Exercise Clause Revisited | Constitutional Law, Newcastle Law School, University of Newcastle, Australia | Sole Supervisor |
Dr David Tomkins
Position
Lecturer
School of Law and Justice
College of Human and Social Futures
Contact Details
| david.tomkins@newcastle.edu.au | |
| Phone | 0249218747 |
Office
| Room | X545 |
|---|---|
| Building | NUspace |
| Location | Newcastle City Campus , |
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