1,721,127 research outputs found
Traversing the Divide : Honouring Deborah Cass’s Contributions to Public and International Law
No full textFrom Supranational to Dual to Alien Citizen: Australia's Ambivalent Journey
No full textThis collection of essays explores the value and role of a more “global” view of citizenship, focusing on expatriate voting rights and citizenship in Europe and Australia.The European Parliament has designated 2008 as ‘The European Year of Intercultural Dialogue’, an idea which embraces more plural and cosmopolitan ideas of identity and citizenship and which is the focus of this volume.The first two chapters address the theme of expatriate voting, one from a European perspective (Simone Battiston and Bruno Mascitelli) and one from an Australian perspective (Graeme Orr). Voting is one of the rights of citizenship (as well as legally compellable duty in Australia). The position of expatriate electorates poses a challenge for inclusive liberal democracies which, on the one hand, want to recognise the increasingly cosmopolitan nature of the modern human condition (with limitless opportunities for some to work and travel overseas), and on the other hand, the parochial nationalistic concern that only those with residency and a commitment to the community are enfranchised. These paired papers expose how local politics and interest groups influence the public debate and legal reforms relating to expatriate voting.The challenge for the itinerant citizen who moves across territory and acquires multiple identities is explored in Kim Rubenstein’s chapter ‘From Supra-national to Dual to Alien Citizen: Australia’s Ambivalent Journey’. The evolving character of ‘Australian citizenship’ in many respects tracks the changing relationship between Britain and its antipodean former colonies. Federation in 1901 did not create the category of Australian citizen – rather ordinary federal legislation grafted a new category of citizenship onto the pre-existing ‘supranational’ British subject. Although some degree of dualism of Australia-British identity was permitted, until 2002 federal law mandated the loss of Australian citizenship for those who acquired new citizenship. Reflecting the pressures of globalisation and cosmopolitanism, this strict prohibition on acquiring another citizenship has been revised. But there are also forces counteracting these liberalising tendencies: in the post 9/11 environment, an increasingly strict approach to granting citizenship has been adopted including mandatory testing of applicants on ‘Australian values’. These developments may seem benign, though as Rubenstein points out, there is a danger of holding ‘alien Australians’ to higher standards than Australian-born citizens are expected to attain. The challenge, as she concludes, is to recognise the multiple layers of a person’s national identity in a cosmopolitan world, and ‘better integrate legal understandings of Australian citizenship with that cosmopolitan understanding’.Returning to the theme of the supranational citizenship from a European perspective, Michael Longo explores the political project to create a new civic common identity called the ‘EU citizen’. The concept of EU citizenship, introduced in 1992 Treaty on European Union, like many EU concepts is sui generis. Unlike other dual nationalities, EU citizenship is a supranational parasite, its existence and validity resting on the underlying national citizenship of the Member State. As Longo points out, this feature presents problems for the political and legal status of third country nationals who reside in the EU. Notwithstanding the EU strong political commitment to participatory democracy, this disenfranchisement of long term non-nationals residents in the EU, hampered by the lack of any consistent approach to citizenship conferral in Member States, undermines the legitimacy of this European civic project. Clearly, to address this deficiency, the EU must further expand its competency in this field.The four articles together comprise the final paper (No. 29) in the Law and Policy Paper series
Returning to ‘Representation/s of Women’: Feminist analysis and job-sharing as core constitutional concerns
No full textIntroduction: Filling or falling between the cracks? Law's potential
No full textThis book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field
Editors’ preface:Environmental Discourses in Public and International Law
No full textEditors’ Preface As explained in the Series Editors’ Preface, this series is a result of workshops bringing together public and international lawyers. From the second volume onwards, the topics revolve around the International Association of Research Universities (IARU) thematic research topics. When Kim Rubenstein began thinking about organising the third workshop around the theme of the environment, she was encouraged to contact her ANU colleague Brad Jessup in the Australian Centre for Environmental Law. Brad responded enthusiastically and work began to brainstorm the call for papers. This third workshop, ‘Environmental Discourses in Public and International Law’, was inspired by interesting interdisciplinary work on discourse theory which enabled us to bring together a rich array of public and international lawyers with geographers and scientists and political theorists. The workshop explored how dominant environmental thought and action had been placed within public and international law, providing excellent material for the themes the series is exploring.</p
Series editors’ preface:Environmental Discourses in Public and International Law
No full textSeries Editors’ Preface The idea for this series began in June 2005, when Kim Rubenstein applied for the position of Professor and Director of the Centre for International and Public Law at the ANU College of Law. The Centre is recognised as the leading Australian academic centre bringing together public lawyers (constitutional and administrative law broadly, but also specific areas of government regulation) and international lawyers from around the world. Established in 1990 with its inaugural director Professor Philip Alston, the impact of the Centre and its work can be seen further at law.anu.edu.au/cipl/. In discussing with the law faculty ideas for the Centre’s direction, Kim raised the concept which underpins this series. Each volume flows from workshops bringing public and international lawyers and public and international policy experts together for interdisciplinary discussion on selected topics and themes. The workshops attract both established scholars and outstanding early scholars. At each of the workshops participants address specific questions and issues developing each other’s understandings and knowledge about public and international law and policy and the links between the disciplines as they intersect with the chosen subject. These papers are discussed and reviewed at the workshop collaboratively, then after the workshop the papers are finalised for the final editing phase for the overall manuscript.</p
Series editor’s preface:Legal Perspectives on Security Institutions
No full textThe idea for this series began in June 2005, when Kim Rubenstein applied for the position of Professor and Director of the Centre for International and Public Law at the ANU College of Law. The Centre is recognised as the leading Australian academic centre bringing together public lawyers (constitutional and administrative law broadly, but also specific areas of government regulation) and international lawyers from around the world. Established in 1990 with its inaugural director Professor Philip Alston, the impact of the Centre and its work can be seen further at law.anu.edu.au/cipl. In discussing with the law faculty ideas for the Centre's direction, Kim raised the concept underpinning this series. Each of the volumes flows from workshops bringing public and international lawyers and public and international policy experts together for interdisciplinary discussion on selected topics and themes. The workshops attract both established scholars and outstanding early scholars. At each of the workshops participants address specific questions and issues developing each other's understandings and knowledge about public and international law and policy and the links between the disciplines as they intersect with the chosen subject. These papers are discussed and reviewed at the workshop collaboratively, then after the workshop the papers are finalised for the final editing phase for the overall manuscript. The series seeks to broaden understanding of how public law and international law intersect. Until now, international and public law have mainly overlapped in discussions on how international law is implemented domestically. While there is scholarship developing in the area of global administrative law, and some scholars have touched upon the principles relevant to both disciplines, those publications do not concentrate upon the broader mission of this series. This series is unique in consciously bringing together public and international lawyers to consider and engage in each others' scholarship.</p
Editors’ preface:Legal Perspectives on Security Institutions
No full textAs explained in the Series Editors' Preface, this series is a result of workshops bringing together public and international lawyers with interdisciplinary scholars relevant to the respective volume's themes, for discussion on selected topics and themes. From the second volume onwards, the topics revolve around the International Association of Research Universities (IARU) thematic research topics. When Kim Rubenstein began thinking about organising the fifth workshop around the theme of Security, she was enthusiastic about inviting her ANU College of Law colleague Dr Hitoshi Nasu to join her in running it as he had already developed some interesting ideas around this theme. The fifth workshop ‘Security Institutions and International and Public Law’ took place on 27-29 June 2011 at the Australian National University. The nineteen paper presenters and a further group of participants, who had read all the papers, enjoyed vigorous discussion, engaging fully with each other and the material. We thank Commodore Ian Campbell, Giovanni Di Lieto, Tom Faunce, Chris Michaelsen and Natasha Tusikov for presenting stimulating papers at the workshop even though their papers were not developed for the resulting book. The event was ably organised by the ANU College of Law Outreach and Administrative Support Team and in particular we thank Wendy Mohring and Sarah Hull. ANU law student Zoe Winston-Gregson worked with us reviewing the papers on style matters and we thank her for her assistance in putting this volume together. We also thank the many anonymous reviewers whose critiques of the papers strengthened the chapters in this collection. The staff at Cambridge University Press, especially Finola O'Sullivan and Elizabeth Spicer, have been enthusiastic in supporting this series and Elizabeth Davison as copy-editor has been excellent. Finally, we would like to thank our colleagues at the ANU and in the Centre for International and Public Law in the ANU College of Law and our respective families and friends for their support and inspiration in all that we do. All the online references are correct as at 30 September 2014 unless otherwise indicated.</p
Series editors’ preface for, "The Public Law of Gender"
No full textThe idea for this series began in June 2005, when Kim Rubenstein applied for the position of Professor and Director of the Centre for International and Public Law at the Australian National University (ANU) College of Law. The Centre is recognised as the leading Australian academic centre bringing together public lawyers (scholars and practitioners in constitutional and administrative law broadly, but also specific areas of government regulation) and international lawyers from around the world. Established in 1990 with its inaugural director, Professor Philip Alston, the impact of the Centre and its work can be seen further at law.anu.edu.au/cipl/. In discussing with the law faculty ideas for the Centre’s direction, Kim raised the concept underpinning this series. Each of the volumes flows from workshops bringing public and international lawyers and public and international policy experts together for interdisciplinary discussion on selected topics and themes. The workshops are organised with the following goals. First, they aim to attract both established scholars and outstanding early scholars. Second, at each of the workshops participants address specific questions and issues developing each other’s understandings and knowledge about public and international law and policy and the links between the disciplines as they intersect with the chosen subject. Third, papers are discussed and reviewed at the workshop collaboratively, then after the workshop the papers are finalised for the final editing phase for the overall manuscript. This phase includes internal peer review by participants themselves, as well as external and anonymous peer review from scholars who have not attended the workshop. The series seeks to broaden understanding of how public law and international law intersect. At the time of the initiation of the series, international and public law have mainly overlapped in discussions on how international law is implemented domestically. In the interim decade, a burgeoning literature has developed with a focus on intersecting issues in comparative public law, global administrative law and the selective migrations of law between fields. This series is unique in consciously bringing together public and international lawyers and scholars to examine these trends from their different standpoints.</p
Thick and Thin Citizenship as Measures of Australian Democracy
Full text linkThe importance of Australian citizenship can be obscured by its relatively sparse legal foundations, and by the omission of an expressly defined concept of citizenship from the Australian Constitution. However, one of the ways in which the legal status of citizenship is elevated beyond an empty label and given substance is the linking of citizenship with the structures of Australian democracy. This connection between a statutory label and Australia’s constitutionally-mandated system of representative government also lends citizenship an important constitutional dimension that otherwise might be lacking. With limited exceptions, it is citizens who vote to elect governments at local, state and federal level, and in that sense these fundamental democratic mechanisms depend on a legal distinction between citizens and non-citizens. In turn, the connection between citizenship and the franchise adds critically important substance to the otherwise fairly bare notion of Australian citizenship as a legal category
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