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All Outputs (54)

The Dissolution of Dualism (2025)
Journal Article
Masterman, R., & Nicholson, M. (in press). The Dissolution of Dualism. Cambridge Law Journal,

Beyond Freedom of Information Legislation: Navigating Access to Government Data for Independent Research in the UK (2023)
Journal Article
Aidinlis, S. (2023). Beyond Freedom of Information Legislation: Navigating Access to Government Data for Independent Research in the UK. Public Law,

Freedom of information (FOI) legislation has been a significant pillar of democratic public discourse in the UK by enabling independent researchers to hold the government of the day accountable and scrutinise its actions in an evidence-based manner.... Read More about Beyond Freedom of Information Legislation: Navigating Access to Government Data for Independent Research in the UK.

The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design (2023)
Journal Article
Masterman, R. (2023). The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design. European Constitutional Law Review, 19(1), 88-110. https://doi.org/10.1017/s1574019623000019

The United Kingdom Human Rights Act 1998 – constitutional migration – impacts of legislative design and process on the internalisation of international standards – a taxonomy of migratory patterns under the Human Rights Act – constitutional migration... Read More about The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design.

Brexit and the United Kingdom’s Devolutionary Constitution (2022)
Journal Article
Masterman, R. (2022). Brexit and the United Kingdom’s Devolutionary Constitution. Global Policy, 13(52), 58-68. https://doi.org/10.1111/1758-5899.13064

This piece considers the implications of the Brexit process for the United Kingdom’s territorial constitution. It advances two narratives of the devolutionary settlement; one which emphasises the continuing post-devolution influence – and dominance –... Read More about Brexit and the United Kingdom’s Devolutionary Constitution.

New Labour's Judicial Power Project (2022)
Book Chapter
Masterman, R. (2022). New Labour's Judicial Power Project. In M. Gordon, & A. Tucker (Eds.), The New Labour constitution : twenty years on. Bloomsbury

The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence? (2020)
Journal Article
Masterman, R. (2020). The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?. Northern Ireland Legal Quarterly, 71(2), 285-302

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers t... Read More about The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?.

Multi-Layered Constitutions (2019)
Book Chapter
Masterman, R. (2019). Multi-Layered Constitutions. In R. Masterman, & R. Schütze (Eds.), The Cambridge companion to comparative constitutional law (47-497). Cambridge University Press. https://doi.org/10.1017/9781316716731.019

Examination of the state-centric dynamics of constitutions can only partially illuminate the multi-faceted characteristics of constitutional law. A statist focus often obscures both internal and external dimensions of constitutions themselves, and of... Read More about Multi-Layered Constitutions.

Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law (2018)
Book Chapter
Masterman, R., & Wheatle, S. (2018). Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law. In M. Elliott, J. Varuhas, & S. Wilson Stark (Eds.), The unity of public law : doctrinal, theoretical, and comparative perspectives (123-148). Hart Publishing. https://doi.org/10.5040/9781509915217.ch-006

Roger Masterman Se-Shauna Wheatle Our thanks are due to Mark Elliott and William Lucy for their comments on a previous draft. The common law is often seen as a unifying and stabilising factor across and within jurisdictions; in the United Kingdom, fo... Read More about Unity, Disunity and Vacuity: Constitutional Adjudication and the Common Law.

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (2017)
Journal Article
Fenwick, H., & Masterman, R. (2017). The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?. Modern Law Review, 80(6), 1111-1136. https://doi.org/10.1111/1468-2230.12304

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the cur... Read More about The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?.

Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution (2017)
Journal Article
Masterman, R., & Wheatle, S. (2017). Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution. Public Law, 2017(Jul), 469-487

Considers the extent to which the UK doctrine of separation of powers exerts a normative influence on judicial decision-making. Examines the evolving constitutional significance of the doctrine, and how it manifests itself in judicial discourse throu... Read More about Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution.

The United Kingdom: From Strasbourg Surrogacy towards a British Bill of Rights? (2016)
Book Chapter
Masterman, R. (2016). The United Kingdom: From Strasbourg Surrogacy towards a British Bill of Rights?. In S. Lambrecht, K. Lemmens, & P. Popelier (Eds.), Criticism of the European Court of Human Rights : shifting the convention system : counter-dynamics at the national and EU level (447-478). Intersentia

A Common Law Resurgence in Rights Protection? (2015)
Journal Article
Masterman, R., & Wheatle, S. (2015). A Common Law Resurgence in Rights Protection?. European Human Rights Law Review, 2015(1), 57-65

Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rights. In Osborn v Parole Board , Kennedy v Information Commissioner and A v BBC the Supreme Co... Read More about A Common Law Resurgence in Rights Protection?.