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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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