Writing and research on public law

My current work on public law issues (including Constitutional law and human rights issues) is collated here (generally Indigenous issues are all listed in a separate post, but some constitutional law and Indigenous recognition pieces are listed here too). Open access links are provided where possible.

Blog Posts

Children’s Rights

Paula  Gerber and Melissa Castan ‘Is the Australian Government scared of children?‘ The Castan Centre Blog, 25 April 2014.

Erica Contini and Melissa Castan ‘Victorian Children to be seen and not heard‘;’ The Castan Centre Blog, 11 February 2013.

Indigenous Recognition debate:

Melissa Castan ‘Constitutional recognition; two steps forward after one step back.’ in The Conversation 25 August 2015.

Melissa Castan ‘Explainer: what Indigenous Constitutional recognition means‘ in The Conversation 18 September 2014.

Melissa Castan ‘Closing the referendum gap‘ in The Castan Centre Blog 28 November 2012.

Melissa Castan ‘It’s time to recognise Indigenous Australia in our Constitution‘ in the Conversation 12 December 2011.

Free Speech

Melissa Castan ‘Freeing the RDA free speech submissions‘ in The Castan Centre Blog 26 June 2014.

Melissa Castan ‘The High Court and the freedom of political communication‘ in The Castan Centre Blog, 5 December 2010.

Scholarly articles

Moira Paterson and Melissa Castan ‘New rules and recordkeeping: Redress for victims of child abuse’ (2016) 41:1 Alternative Law Journal 43.

Melissa Castan and Kate Galloway Extending Public Law: Digital Engagement, Education and Academic Identity (2015) vol 2 Legal Education Review 331 LER25 – Castan and Galloway

Melissa Castan, ‘Constitutional recognition, self-determination and an Indigenous representative body‘, (2015)  Indigenous Law Bulletin pp. 15-18.

Melissa Castan ‘The recognition of indigenous Australians in the teaching of federal constitutional law‘, (2014) Journal of the Australasian Law Teachers Association, pp. 87-99.

Melissa Castan, ‘Closing the gap on the constitutional referendum‘, (2013) Indigenous Law Bulletin pp. 12-15.

Andrew Gargett, Paula Gerber, Melissa Castan, ‘A right to birth registration in the Victorian Charter? Seek and you shall not find!‘ (2011) 36(3), Monash University Law Review  , pp. 1-32.

Book chapters

Melissa Castan ‘Constitutional law’ in Mastering Law Studies and Law Exam Techniques by Rick Krever (ed) (2016, 9th edn., LexisNexis) [for 8th edn, see Lexis Nexis ]

Melissa Castan  ‘The High Court and human rights: contemporary approaches’, in Contemporary Perspectives on Human Rights Law in Australia, eds Paula Gerber and Melissa Castan, (2012, Thomson Reuters), pp. 71-95.

Melissa Castan & Paula Gerber ‘Human rights landscape in Australia‘, in Contemporary Perspectives on Human Rights Law in Australia, eds Paula Gerber and Melissa Castan, (2012 Thomson Reuters) pp. 1-16.


Melissa Castan LawBriefs: Constitutional Law (2015, Thomson Reuters)

Sarah Joseph & Melissa Castan  Federal Constitutional Law: A Contemporary View, (2014 Thomson Reuters)

Sarah Joseph & Melissa Castan The International Covenant on Civil and Political Rights, (2013, 3rd edn., Oxford University Press, Oxford UK)

Paula Gerber and Melissa Castan (eds) Contemporary Perspectives on Human Rights Law in Australia, (2012, Thomson Reuters) pp. 1-16.





Access All Areas

IMG_1159What’s the best open access repository for your academic work? I’ve got different materials on ssrn, Research Gate and Academia.com. My university also keeps a record of some of my scholarly papers on ROPES. None of them is complete. Over time I’d like to get them all linked to this blog, so you can find them easily. For now, here are the open access repositories that store some of my work.

SSRN (all open, but incomplete list)

ResearchGate (incomplete list, some open access links)

Academia.com (incomplete list, some open access links)

Monash ROPES (list but no access)