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97 results

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  • Citizenship and the Constitutional Convention Debates: A Mere Legal Inference

  • Kim Rubenstein
  • Journal:
    Federal Law Review / Volume 25 / Issue 2 / June 1997
    Published online by Cambridge University Press:
    24 January 2025, pp. 295-316

  • “Again, I ask are we to have a Commonwealth citizenship? If we are, why is it not to be implanted in the Constitution? Why is it to be merely a legal inference?”

    These exasperated words were uttered by John Quick on Wednesday, 2nd March, 1898, in the concluding stages of the Australasian Federal Convention Debates that led to the formation of the Australian Constitution. Quick wanted a definition of citizenship in the Constitution. The Commonwealth, he argued, should have power to deal with Commonwealth citizenship, and membership of the Commonwealth; he advocated a “common citizenship for the whole of the Australian Commonwealth”. His proposals were rejected.

  • 8 - The National Subject

  • from Part III - Communities
  • Edited by Stéphanie Hennette Vauchez, Université Paris Nanterre, Ruth Rubio-Marín, Universidad de Sevilla
  • Book:
    The Cambridge Companion to Gender and the Law
    Published online:
    19 January 2023
    Print publication:
    26 January 2023, pp 271-301

  • Summary

    This chapter affirms the feminist impetus of this collection by reflecting on power relations in society and their impact on law and law’s regulation. An acute site for this inquiry is in the state itself, and the state’s determination of its own membership. It is the thesis of this chapter that the national subject, the legal citizen,1 is a space in which gender, sexuality and race keenly interact with the everyday lives of individuals. An appreciation of this point is often overlooked. While the language of citizenship is often gender neutral, it often ‘perpetuat[es] the invisibility of women’ as citizens.2 Margaret Thornton examines the civil status of women as citizens in the early years of the twentieth century to ‘illustrate the peripheral civil status of women as citizens’ and, therefore, questions the full membership consequences of citizenship.3

The Public Law of Gender
  • From the Local to the Global
  • Edited by Kim Rubenstein, Katharine G. Young
  • Published online:
    05 May 2016
    Print publication:
    26 May 2016
  • With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

Legal Perspectives on Security Institutions
  • Edited by Hitoshi Nasu, Kim Rubenstein
  • Published online:
    05 August 2015
    Print publication:
    24 July 2015
  • Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.

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