#1 | Why active citizenship matters | A conversation with Professor Kim Rubenstein

Guest: Professor Kim Rubenstein



Date of recording: 20 May 2024



Summary:



In this inaugural episode, Professor Kim Rubinstein discusses the historic evolution of Australian citizenship, the concept of active citizenship, and the issues surrounding indefinite detention of non-citizens. She highlights the need for a more inclusive and nuanced
understanding of citizenship. Professor Rubinstein also touches on her own experience as an independent candidate in the 2022 Australian federal election
and the importance of active citizenship in shaping public policy.



Short biography of Professor Kim Rubenstein:



Professor Rubenstein, who is one of Australia’s most eminent legal scholars and a champion of equal opportunity and active citizenship.



She relevantly wrote the seminal text, ‘Australian Citizenship Law’, acting as a consultant to government
including being appointed a member of the Independent Committee that reviewed the Australian citizenship test in 2008 and appearing as legal counsel in citizenship matters before the Administrative Review Tribunal, Federal Court of Australia and the High Court of Australia.



Professor Rubenstein is currently a Professor in the Faculty of Business Government and Law at the University of
Canberra and an Honorary Professor at the Australian National University.



At the 2022 Australian federal election, Professor Rubenstein was an independent candidate in the Australian Capital Territory for the Australian Senate



Keywords:



Australian citizenship, active citizenship, historic evolution, indefinite detention, non-citizens, constitutional framework, dual citizenship, High Court, Migration Act,
political participation, civil rights, liberal democracy.



Chapters:



In this episode, we cover:




• Historic evolution of the legal concept of
Australian citizenship (2:08 – 8:48)


• Active nature of citizenship (8:48 – 12:58)


• National identity and Australian values (12:59 –
15:12)


• Section 44 of the Australian Constitution (15:14
– 20:40)


• Former section 17 of the Australian
Citizenship Act 1948 (Cth) (20:41 – 22:55)


• Recent decisions by the High Court of Australia
about indefinite detention (22:56 – 35:38)


• Professor Rubenstein’s tilt at parliamentary
politics (35:40 – 41:53)




Acknowledgments:



Our heartfelt thanks to Professor Rubenstein for so generously volunteering her time and imparting her knowledge and wisdom!



Also, many thanks to our brilliant editor, Ryan Prestipino of Fallen Pine Studio, for his amazing work behind the
scenes.



And of course, thank you to our listeners, without which this podcast would simply not exist.



If you have any feedback or suggestions, we would love to hear from you - call us on (03) 9063 2240 or
visit www.lawgration.com.au (http://www.lawgration.com.au) .



Disclaimer:



This content is intended to be for general informational purposes only, and all content is current at the time of recording and subject to change without prior notice. While LawGration is an Incorporated Legal Practice, we are not aware of your personal circumstances, needs or goals, and information contained in this post should not be construed as legal, immigration or other advice. Before acting on any information in this post, you should always query whether it is relevant to your circumstances and consult an Australian immigration lawyer or registered migration agent.








The views and/or opinions expressed in this podcast are those of the speakers and do not necessarily reflect the views or positions of LawGration, or any other organisation that they represent or are otherwise affiliated with.