Dr Ewan Smith

Fixed Term Student in Law


B.A. (Oxon) LL.M. (Harv). DPhil (Oxon.)

Academic Background

Dr Ewan Smith is a Fixed Term Student in Law. He is an Academic Affiliate at the Bonavero Institute for Human Rights and an Associate at the Programme for the Foundations of Law and Constitutional Government and the Oxford University China Centre. Before coming to Christ Church, Ewan was the Shaw Foundation Junior Research Fellow at Jesus College.

Ewan read law at Brasenose College, at the University of Paris and at Harvard Law School. He has previously taught at SOAS and at Tsinghua and Renmin Universities in China, and has been a Visiting Researcher at Peking University and at the National University of Singapore. He is admitted to practice in New York, where he worked for Debevoise and Plimpton LLP. Before returning to Oxford, he spent ten years at the Foreign and Commonwealth Office.

Undergraduate Teaching

Ewan teaches Constitutional Law, Administrative Law, EU Law and Jurisprudence (FHS) and Constitutional Theory (BCL)

Research Interests

Ewan’s research looks at how rules govern powerful institutions, with a focus on foreign relations law and comparative public law. He is currently working on a monograph on the relationship between the written and unwritten constitutions and on two further research projects, Treaties, Brexit and the Constitution, and Partisanship and the Constitution.

Selected Publications

E Smith, E Bjorge and A Lang, 'Treaties, Parliament and the Constitution' [2020] Public Law (forthcoming)
E Smith, 'The Conception of Legality under Xi Jinping' in Sue Trevaskes and Rogier Creemers (eds), Law and the Party in Xi Jinping’s China: Ideology and Organization (Cambridge University Press 2019) (forthcoming)
E Smith, 'The Rule of Law in Party Documents' (2019) China Law and Society Review (forthcoming)
E Smith and E Bjorge, 'The United Kingdom' in Fulvio Maria Palombino (ed), Duelling for Supremacy: International Law and National Fundamental Principles (Cambridge University Press 2019)
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E Smith, 'Whose Socialism? Whose Legality?' (2019) Asian Journal of Comparative Law (forthcoming)
E Smith, 'Acts of State in Belhaj and Rahmatullah' (2018) 134 Law Quarterly Review 20 [Case Note]
E Smith, 'The Rule of Law Doctrine of the Politburo' (2018) 79 China Journal 40