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01 December 2011 / Hannah Smallwood , Ruth Aitken , Lindsay Stirton
Issue: 7492 / Categories: Features , Constitutional law
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Judicial politics - Reigning supreme?

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How far does the Supreme Court act as a policymaker? Ruth Aitken, Hannah Smallwood & Lindsay Stirton investigate

Some 50 years ago, noted Yale political scientist Robert A Dahl drew attention to the importance of the US Supreme Court as one of the governing institutions of the US. “Decision-Making in a Democracy: The Supreme Court as a National Policy Maker”, (1957) 6 Journal of Public Law 279, was a seminal contribution to the study of “judicial politics” (as it became known). In the UK, the role of courts in making policy—particularly the senior appellate courts—has occasionally come under academic as well as broader public and political scrutiny. Yet, unlike in the US, the role of our final court as the apex of a branch of government has only rarely attracted the same attention.

At the end of the second year since the establishment of the UK Supreme Court (UKSC), we want to examine the role of the court as a national (or more accurately in the context of the UK, a cross-national) policymaking body. In what way can

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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