Kim Rubenstein

Kim Rubenstein is a Professor in the Law School in the ANU College of Law, a former Convenor of the ANU Gender Institute and a Public Policy Fellow at The Australian National University and a Fellow of the Australian Academy of Law and the Australian Academy of Social Sciences.

orcid https://orcid.org/0000-0001-5885-4453

The Court as Archive »

Until the late 20th century, ‘an archive’ generally meant a repository for documents, as well as the generic name for the wide range of documents the repository might hold. An archive could be visited, and then also searched, to discover past actions or lives that had meaning for the present. While historians and historiographers have long understood the contests that archives contain and represent, the very idea of ‘the archive’ has, over the last 40 years, become the subject and object of widening and intensified consideration. This consideration has been intellectual (from scholars in a wide range of disciplines) and public (from communities and individuals whose stories are held captive, or sometimes hidden or excluded from official archives), as well as institutional. It has involved scrutiny and critique of official archives’ limitations and practices, as well as symbolic, affective and theoretical expansion and heightened expectation of what ‘the archive’ is or should be. The very language of ‘the archive’ now carries freight as administrative practice, normative value, metaphor, description and aspiration in different ways than it did in the 20th century. This collection offers a unique contribution to these reinvigorated and sometimes new conversations about what an archive might be, what it can do as a consequence, and to whom it bears custodial responsibilities. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care for those materials in a way that understands their public meaning and public value for the Australian people, in the past, in the present and for the future.

Law and Democracy »

Contemporary Questions

Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia? How do developing judicial conceptions of democracy define citizenship? What is the legal right to participate in the political community? Should political advisors to Ministers be subject to legal accountability mechanisms? What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed? How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy? How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation? What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Diversity in Leadership »

Australian women, past and present

Edited by: Joy Damousi, Kim Rubenstein, Mary Tomsic
While leadership is an over-used term today, how it is defined for women and the contexts in which it emerges remains elusive. Moreover, women are exhorted to exercise leadership, but occupying leadership positions has its challenges. Issues of access, acceptable behaviour and the development of skills to be successful leaders are just some of them. Diversity in Leadership: Australian women, past and present provides a new understanding of the historical and contemporary aspects of Indigenous and non-Indigenous women’s leadership in a range of local, national and international contexts. It brings interdisciplinary expertise to the topic from leading scholars in a range of fields and diverse backgrounds. The aims of the essays in the collection document the extent and diverse nature of women’s social and political leadership across various pursuits and endeavours within democratic political structures.

R. G. Menzies Scholarships to Harvard 1968—2010 »

Menzies Scholarship Selection Committee

Edited by: Karen Holt, Kim Rubenstein
Since the R.G. Menzies Scholarships to Harvard were established in 1967, sixty-three Australian Menzies Scholars have been sent to study at Harvard. This book derives from the Menzies Scholars themselves: it is a collection of reminiscences and stories about their experiences at Harvard and the influence that the Menzies Scholarship has had on their careers and achievements in life. This commemorative volume was presented to Professor James Fox at a dinner for Menzies Scholars held in April 2011 at the Australian National University, to thank Professor Fox for his 33 years of distinguished service to the Menzies Scholarship Selection Committee.