We use cookies to ensure that we give you the best experience on our website. By continuing to browse this repository, you give consent for essential cookies to be used. You can read more about our Privacy and Cookie Policy.

Durham Research Online
You are in:

Unity, disunity, and vacuity : constitutional adjudication and the common law.

Masterman, Roger and Wheatle, Se-shauna (2018) 'Unity, disunity, and vacuity : constitutional adjudication and the common law.', in The unity of public law : doctrinal, theoretical, and comparative perspectives. Oxford: Hart Publishing, pp. 123-148.


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, for instance, the common law is appealed to as a familiar and certain alternative to the unpredictable and overweening impacts of European human rights law. This is in spite of the common law’s propensity for reinvention, and the internal divisions and tensions within both the substance and methodologies of the common law. These ructions are particularly evident in the constitutional common law and its approach to the resolution of fundamental constitutional conflict. Though primarily regarded as the vehicle for the realisation of the private law of obligations, the last 20 years have seen the English common law assume a distinctly constitutional character. The articulation of fundamental rights, though lacking...

Item Type:Book chapter
Full text:(AM) Accepted Manuscript
Download PDF
Publisher Web site:
Publisher statement:This is an Accepted Manuscript of a book chapter published by Bloomsbury Academic in The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectiveson 19/04/2018, available online:
Date accepted:17 July 2017
Date deposited:04 December 2017
Date of first online publication:19 April 2018
Date first made open access:19 October 2019

Save or Share this output

Look up in GoogleScholar