Roger Masterman
Biographic Data
| ID | 4449653 |
|---|---|
| NAME | Roger Masterman |
| GIVEN NAMES | Roger |
| FAMILY NAME | Masterman |
| SIGNATURE | MASTERMAN R |
| AFFILIATIONS | Durham University |
| ORCID | 0000-0002-6942-5598 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 10 |
| AUTHOR COUNT | 9 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
The Dissolution of Dualism
This article argues that the concept of dualism has ceased to operate as a reliable indicator of, or guide to, the relationships between domestic and international laws in the UK’s constitutional order. Dualism, it is argued, provides only a partial account of the complex interactions between domestic and international laws, cannot accommodate the hybrid products of interactions with European legal orders and ignores the post-“incorporation” proc…
Brexit and the United Kingdom's Devolutionary Constitution
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 – of the institutions of UK‐level government, the other which regards devolution as having engineered a quasi‐federal division of powers and having diluted the sovereignty of the Westminster Parliament…
The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality
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 current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that l…
Zwischen Vorrangstellung und Ergebenheit: Der Verfassungsstatus des Supreme Court im Vereinigten Königreich
Historisch betrachtet kennt die britische Verfassung nur zwei Staatsorgane: Die Krone und die drei im Parlament vertretenen Stände. Das Fehlen von Gerichten im Modell der gemischten Verfassung ist aus kontinentaleuropäischer Perspektive ungewöhnlich. Die traditionelle Unterordnung der Gerichte unter die »politische Verfassung« begann sich jedoch Mitte des 20. Jahrhunderts zu verändern, gipfelnd in der räumlichen Trennung von Justiz und Parlament …
Juridification, Sovereignty and Separation of Powers
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 constitution as ‘an incontrovertible and relentless’ process, I did not mean to suggest that Bevir himself supported the fact that it should be so, as he seems to think. Rather, my suggestion was that the ton…
Labour's 'Juridification' of the Constitution
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 processes of collective decision-making’ which has been the result of, inter alia (but of particular importance to Bevir's argument), the passage and implementation of the Human Rights Act 1998 and the Con…
Taking the Strasbourg Jurisprudence into Account: Developing a ‘Municipal Law of Human Rights’ under the Human Rights Act
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 ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional…
The Constitution: Consolidation and Cautious Advance
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 to consider options on the composition of the upper house. There has also been considerable innovation in the pilots of electronic and all‐postal voting in the local elections. However, as so often sin…
Political Studies Books
Labour's 'Juridification' of the Constitution
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 processes of collective decision-making’ which has been the result of, inter alia (but of particular importance to Bevir's argument), the passage and implementation of the Human Rights Act 1998 and the Con…
Taking the Strasbourg Jurisprudence into Account: Developing a ‘Municipal Law of Human Rights’ under the Human Rights Act
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 ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional…
The Constitution: Consolidation and Cautious Advance
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 to consider options on the composition of the upper house. There has also been considerable innovation in the pilots of electronic and all‐postal voting in the local elections. However, as so often sin…
Political Studies Books
The Constitution: Consolidation and Cautious Advance
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 to consider options on the composition of the upper house. There has also been considerable innovation in the pilots of electronic and all‐postal voting in the local elections. However, as so often sin…
Taking the Strasbourg Jurisprudence into Account: Developing a ‘Municipal Law of Human Rights’ under the Human Rights Act
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 ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional…
Juridification, Sovereignty and Separation of Powers
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 constitution as ‘an incontrovertible and relentless’ process, I did not mean to suggest that Bevir himself supported the fact that it should be so, as he seems to think. Rather, my suggestion was that the ton…
Labour's 'Juridification' of the Constitution
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 processes of collective decision-making’ which has been the result of, inter alia (but of particular importance to Bevir's argument), the passage and implementation of the Human Rights Act 1998 and the Con…
Zwischen Vorrangstellung und Ergebenheit: Der Verfassungsstatus des Supreme Court im Vereinigten Königreich
Historisch betrachtet kennt die britische Verfassung nur zwei Staatsorgane: Die Krone und die drei im Parlament vertretenen Stände. Das Fehlen von Gerichten im Modell der gemischten Verfassung ist aus kontinentaleuropäischer Perspektive ungewöhnlich. Die traditionelle Unterordnung der Gerichte unter die »politische Verfassung« begann sich jedoch Mitte des 20. Jahrhunderts zu verändern, gipfelnd in der räumlichen Trennung von Justiz und Parlament …
The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality
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 current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that l…
Brexit and the United Kingdom's Devolutionary Constitution
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 – of the institutions of UK‐level government, the other which regards devolution as having engineered a quasi‐federal division of powers and having diluted the sovereignty of the Westminster Parliament…
The Dissolution of Dualism
This article argues that the concept of dualism has ceased to operate as a reliable indicator of, or guide to, the relationships between domestic and international laws in the UK’s constitutional order. Dualism, it is argued, provides only a partial account of the complex interactions between domestic and international laws, cannot accommodate the hybrid products of interactions with European legal orders and ignores the post-“incorporation” proc…
Political science (8 works) · Law (7 works) · Politics (6 works) · Law (5 works) · Constitution (4 works) · Economics (4 works) · European and International Law Studies (4 works) · Judicial and Constitutional Studies (4 works) · Political Systems and Governance (4 works) · Sociology (4 works)