Kim Rubenstein

Kim Rubenstein is a Professor in the Faculty of Business, Government, and Law and Co-Director of the 50/50 by 2030 Foundation at the University of Canberra and is an Honorary Professor at The Australian National University.

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

Traversing the Divide »

Honouring Deborah Cass’s Contributions to Public and International Law

Edited by: Kim Rubenstein
Publication date: 2021
‘While devoting fine attention to the stuff of everyday life, Deborah Cass was also a brilliant scholar. Although the deep sense of loss and sadness at Deborah’s death remains, it is wonderful to have her writings as a continuing source of inspiration and consolation. In them, we continue to hear Deborah’s firm, clear voice, her appreciation of language, her seriousness, her curiosity, her sensitivity and her wry humour.’ —Professor Hilary Charlesworth This collection honours the work of Deborah Cass, 15 February 1960 – 4 June 2013, a brilliant Australian constitutional and international lawyer. Deborah studied at the University of Melbourne and Harvard Law School and taught at Melbourne Law School, The Australian National University and the London School of Economics. A member of The Australian National University’s Centre for International and Public Law from 1993 to 2000, Deborah’s work offered illuminating new perspectives in a range of fields, from the right to self-determination, critical international legal theory, and feminist legal theory to the international trade law system. The title of this edited collection draws on one of her articles, ‘Traversing the Divide: International Law and Australian Constitutional Law’ (1998) 20 Adelaide Law Review 73. This book evolves from a symposium held to draw together academics from around the globe to reflect on Deborah’s extensive scholarship and contributions to public law and international law, and to examine how her work is of value to current domestic and international law issues. The pieces selected for this volume both remind us of Deborah’s outstanding academic career and provide important insights on current public law and international law pressing issues.

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The Court as Archive »

Publication date: February 2019
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

Publication date: December 2014
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
Publication date: November 2014
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
Publication date: April 2011
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.