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Professor Roger Masterman's Outputs (25)

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.

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?.

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.

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?.

Juridification, sovereignty and separation of powers (2009)
Journal Article
Masterman, R. (2009). Juridification, sovereignty and separation of powers. Parliamentary Affairs, 62(3), 499-502. https://doi.org/10.1093/pa/gsp014

MARK Bevir is right to highlight a number of similar concerns that underpin our respective views; equally he is right to note that our responses to these concerns differ. In suggesting that Bevir's article portrayed the juridification of the constitu... Read More about Juridification, sovereignty and separation of powers.

Labour’s ‘Juridification’ of the Constitution (2009)
Journal Article
Masterman, R. (2009). Labour’s ‘Juridification’ of the Constitution. Parliamentary Affairs, 62(3), 476-492. https://doi.org/10.1093/pa/gsp013

This article responds to a number of points made by Mark Bevir in his article ‘The Westminster Model, Governance and Judicial Reform’ [Parliamentary Affairs 61 (2008), 559–77], in which Bevir highlights the ‘increasing role of the courts in the proce... Read More about Labour’s ‘Juridification’ of the Constitution.

Interpretations, declarations and dialogue: rights protection under the Human Rights Act and Victorian Charter of Human Rights and Responsibilities (2009)
Journal Article
Masterman, R. (online). Interpretations, declarations and dialogue: rights protection under the Human Rights Act and Victorian Charter of Human Rights and Responsibilities. Public Law, 112-131

Compares structural aspects of the Victorian Charter of Human Rights and Responsibilities Act 2006 with the parallel provisions and experience of the UK's Human Rights Act 1998. Considers: (1) the scope and range of protected rights under the two Act... Read More about Interpretations, declarations and dialogue: rights protection under the Human Rights Act and Victorian Charter of Human Rights and Responsibilities.

Taking the Strasbourg Jurisprudence into Account: developing a “municipal law of human rights” under the Human Rights Act 1998 (2005)
Journal Article
Masterman, R. (2005). Taking the Strasbourg Jurisprudence into Account: developing a “municipal law of human rights” under the Human Rights Act 1998. International and Comparative Law Quarterly, 54(4), 907-931. https://doi.org/10.1093/iclq/lei042

Questions surrounding the legitimate extent of the judicial role have long been the source of controversy. Concerns that unelected and unrepresentative judges are ‘legislating’ rather than interpreting the law or are interfering in matters of ‘democr... Read More about Taking the Strasbourg Jurisprudence into Account: developing a “municipal law of human rights” under the Human Rights Act 1998.

The Constitution: Consolidation and Cautious Advance (2003)
Journal Article
Masterman, R., Hazell, R., Gay, A., Trench, S., King, M., Sandford, R., & Maer, L. (2003). The Constitution: Consolidation and Cautious Advance. Parliamentary Affairs, 56(2), 157-169. https://doi.org/10.1093/parlij/gsg011

The year 2002 has seen plenty of constitutional developments and proposals for reform, notably a white paper on elected regional assemblies and a white paper on House of Lords reform, followed by the establishment of a Joint Parliamentary Committee t... Read More about The Constitution: Consolidation and Cautious Advance.