David Wishart’s paper “Allegiance and Citizenship as Concepts in Constitutional Law” was cited in a recent High Court decision

“Allegiance and Citizenship as concepts in Constitutional Law” (1986) 15(4) Melbourne University Law Review 662  is a  piece of juvenilia written by La Trobe Law School’s David Wishart.

It was quoted a number of times in a recent enormous High Court decision  Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2020] HCA 3 (11 February 2020).

This paper by David is worth commending and noting for two reasons

Firstly, the impact on law may occur sometime well after publication, and in this case, it was 35 years later! Secondly, it is surprising how rapidly legal studies work after a period becomes solidly doctorial.  

You can read David’s work from Melbourne University Law Review here:


To read more about the case click below!


La Trobe