The IILAH Podcast

Tanzil Chowdhury: The British Constitution, Capitalism and Constitutional Change

In this episode, Associate Professor Tanzil Chowdhury (Queen Mary University of London) discusses his latest book project, examining the transformation of the British Constitution over the last century. Tanzil’s argument is that we cannot understand significant changes to the British constitution without understanding the broader historical developments in capitalist social relations and the significant social antagonisms that have occurred throughout the last 100 or so years. Capitalism is a totality of different social relations and processes oriented around the value form; different social relations (economic, but also political, legal, cultural, moral etc) which are all important to the reproduction of that social totality. Contrary to heteronomous theories of constitutional change (including some Marxist ones), this project seeks to understand constitutions (the different institutional combinations of state and social power, subject formations, forms of mediation and characterisations of legality) as having an internal relation with capitalist social relations. In that sense, constitutions cannot be abstracted from capitalist social relations and are in fact, as Tanzil argues, historically specific to capitalism. However, even though constitutions are internally related to capitalist social relations, that does not mean that capitalist societies are not fraught with all manner of tensions, contradictions and ruptures. This is not therefore a rigid economistic and deterministic theory of constitutional development, but one which takes seriously the historical distinctness of the legal form, constitutionalism, and the specific work they do (or not) in the reproduction of capitalist social relations. Constitutionalism operates at different levels within the contradictory totality of capitalist social relations. Changes to the British constitution are the results of specific forms of struggle over the reproduction of capitalist social relations. Tanzil sets out some examples of this theoretical approach, periodises the last century of the British constitution, and connects it to distinct historical forms of capitalist constitutionalism. This seminar was chaired by Dr Martin Clark.

Panel Discussion: Beyond Doctrine: Alternative and Critical Approaches to Law (Book Launch)

The Institute for International Law and the Humanities (IILAH) in collaboration with the Melbourne Doctoral Forum on Legal Theory (MDFLT/Forum) were pleased to host a launch of 'Beyond Doctrine: Alternative and Critical Approaches to Law' at Melbourne Law School. 'Beyond Doctrine' provides an authoritative and thoughtful introduction to different legal methodologies and situates those methodologies in an Australian context. Edited by Harry Hobbs and Jeremy Patrick, it includes contributions from an impressive array of Australian scholars covering theories that ask us to think more deeply about law and what it means. On the evening of 24 November 2025, Earn Asanasak was joined by chapter authors Professor Heather Douglas, Professor Ann Genovese, Dr Claerwen O’Hara and Dr Alice Palmer to discuss their contributions to 'Beyond Doctrine' and insights into the collaborative venture of an edited volume on legal theory. Speakers in order of appearance: Dr Alice Palmer, Earn Asanasak, Dr Claerwen O'Hara, Professor Ann Genovese and Professor Heather Douglas. This event happened in parallel with the launch of 'Beyond Doctrine' in Sydney at the UNSW Legal Education Research Conference also in November 2025.

Ellycia Harrould-Kolieb & Karen Scott: The 2025 United Nations Oceans Conference

In this episode, Dr Ellycia Harrould-Kolieb (Faculty of Science, University of Melbourne) Professor Karen N Scott (University of Canterbury) and Professor Margaret Young (Melbourne Law School) shared reflections on their experiences at the 2025 United Nations Oceans Conference (UNOC3). The United Nations Oceans Conference in Nice, France, was a five day event in June involving more than 60 heads of states and governments and over 15,000 participants. Its published outcome, the ‘Nice Ocean Action Plan’ comprises a political declaration (A/CONF.230/2025/L.1) and voluntary commitments which seek to address the grave state of ocean health. Calls to expand marine protection, curb pollution, regulate the high seas, and unlock financing for vulnerable coastal and island nations were advanced in this third summit, dubbed UNOC3, which followed previous conferences in New York (2017) and Lisbon (2022). Alongside the ‘blue zone’ of government delegations and the ‘green zone’ of civil society engagement were side-events in universities and other organisations. The three speakers of this episode – academics in Australia and New Zealand – attended UNOC3 in various research capacities and present their reflections and critical perspectives. This event was organised by the Institute for International Law and the Humanities (IILAH), Melbourne Climate Futures (MCF), the International Law Association (Australian branch) and the Oceans and International Environmental Law Interest Group (OIELG) of the Australian and New Zealand Society of International Law (ANZSIL).

Panel Discussion: The ICJ's Climate Advisory Opinion

The International Court of Justice (ICJ) delivered its long-awaited Advisory Opinion on the obligations of States in respect of climate change on 23 July 2025. In this episode, Melbourne Law School experts Dylan Asafo, Rohan Nanthakumar, Professor Jackie Peel and Professor Margaret Young discussed the ICJ’s Advisory Opinion and its implications for international law. The ICJ is expected to provide legal clarity on two questions: (a) the obligations of States under international law to ensure the protection of the climate system from greenhouse gas emissions, for States and for present and future generations; and (b) the legal consequences of these obligations for the States that have caused significant harm to the climate system, especially with respect to (i) injured or particularly vulnerable States such as small island developing states; and (ii) current and future generations. This event was co-hosted by IILAH, the Melbourne Centre for Law and the Environment (MCLE), Melbourne Climate Futures (MCF), the Laureate Program on Global Corporate Climate Accountability and the Oceans and International Environmental Law Interest Group (OIELG) of the Australian and New Zealand Society of International Law (ANZSIL).

Karin van Marle: Jurisprudence Beyond Law: Five Concepts

In this episode of the IILAH Podcast, Professor Karin van Marle (University of Western Cape) presents on five concepts and explores how they relate to each other and how they could contribute to a jurisprudence beyond law. This seminar was chaired by Professor Ann Genovese. As legal scholars/ academics engaged with legal issues, or to follow Shaun McVeigh and Ann Genovese, as jurisprudents, we work with many concepts, ideas and traditions. Professor Karin van Marle is currently trying to bring five concepts (linked to ideas and traditions) that she has worked on over three decades together in a short monograph. There concepts are slowness; refusal; limit(s); transformation and space(s). The aim of Karin's presentation is to unpack the five concepts mentioned above, how they relate to each other and how they could contribute to a jurisprudence beyond law.