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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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