Advancing Citizenship: The Legal Armory and its Limits

Theoretical Inquiries in Law, Vol. 8, No. 2, 2007

ANU College of Law Research Paper No. 07-16

29 Pages Posted: 25 Jun 2007

Abstract

This Article considers the use of litigation as one mechanism to make citizenship more inclusive. It examines three Australian High Court decisions on citizenship in which the author was also counsel. While addressing the promotion of inclusive approaches to citizenship as a legal status, the Article argues that advocates must consider a range of avenues for advancing their clients' claims. In doing so, the Article also presents a normative critique of citizenship legislation as not paying enough attention to the individual's affiliation with Australia. The cases highlight rules that overlook certain individuals without giving sufficient consideration to their special circumstances, demonstrating that a person's identity is not always reflected in law.

Suggested Citation

Rubenstein, Kim, Advancing Citizenship: The Legal Armory and its Limits. Theoretical Inquiries in Law, Vol. 8, No. 2, 2007, ANU College of Law Research Paper No. 07-16, Available at SSRN: https://ssrn.com/abstract=996344

Kim Rubenstein (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
119
Abstract Views
884
rank
263,639
PlumX Metrics