Citizenship and the Boundaries of the Constitution

THE RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rosalind Dixon, Tom Ginsburg, eds., Edward Elgar, 2011

ANU College of Law Research Paper No. 11-15

28 Pages Posted: 25 Jun 2011

See all articles by Kim Rubenstein

Kim Rubenstein

ANU College of Law

Niamh Lenagh-Maguire

Australian National University (ANU)

Date Written: 2011

Abstract

Citizenship is a prime site for comparison between different constitutional systems, for the idea of citizenship, and the ideals it is taken to represent, go to the heart of how states are constituted and defined. Who is governed by the constitution? What are the boundaries of the constitution? The definition of the class of 'citizens' of a state and the identification of their rights, privileges and responsibilities is one way to answer these questions, and is a core function of national constitutions and a central concern of public law. In this chapter, we consider several written constitutions and attempt to convey some of the diversity in constitutional approaches to this fundamental and universal project for nation states.

Suggested Citation

Rubenstein, Kim and Lenagh-Maguire, Niamh, Citizenship and the Boundaries of the Constitution (2011). THE RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rosalind Dixon, Tom Ginsburg, eds., Edward Elgar, 2011, ANU College of Law Research Paper No. 11-15, Available at SSRN: https://ssrn.com/abstract=1855811

Kim Rubenstein (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Niamh Lenagh-Maguire

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

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