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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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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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